99 
D.U63 


1 


BANCROFT 

LIBRARY 
« 

THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 


REPORT 


OF 


THE  COMMISSION 


APPOINTED  TO  TREAT  WITH  THE 


SIOUX  INDIANS 


FOR  THE 


RELLNQUISHMENT  OF  THE  BLACK  HILLS, 


COMMISSIONERS: 

W.  B.  ALLISON,  Chairman. 


ALFRED  H.  TERRY. 
A.  COMINGO. 
SAMUEL  D.  HINMAN. 


G.   P.  BEAUVAIS. 
A.  G.  LAWRENCE, 
WM.  H.  ASHBY. 


J.  S.  COLLINS,  Secretary. 


WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE. 
1875. 


REPORT 


OF 


THE   COMMISSION 


APPOINTED  TO  TREAT  WITH  THE 


SIOUX   INDIANS 


FOR  THE 


RELINQUISHMENT  OF  THE  BLACK  HILLS, 


COMMISSIONERS: 

W.  B.  ALLISON,  Chairman. 

ALFRED  H.  TERRY.  G.  P.  BEAUVAIS. 

A.  COMINGO.  A.  G.  LAWRENCE. 

SAMUEL  D.  HINMAN.  WM.  H.  ASHBY. 

J.  S.  COLLINS,  Secretary. 


WASHINGTON: 

GOVERNMENT    PRINTING   OFFICE. 
1875. 


REPORT. 


INTERIOR  DEPARTMENT, 

Washington,  D.  C. 
To  the.  lionurablc  the  Secretary  of  the  Interior : 

The  undersigned  commissioners,  appointed  by  your  predecessor,  under  direction  of  the 
President,  to  negotiate  with  the  Sioux  Nation  with  reference  to  the  Black  Hills,  submit  the 
following-  report : 

On  the  18th  day  of  June,  1875,  the  commission  was  appointed  by  the  Secretary  of  the 
Interior,  under  the  direction  of  the  President,  to  proceed  to  the  Indian  country  occupied  by 
the  Sioux  Nation  to  hold  with  said  nation  a  "  grand  council,"  with  a  view  to  secure  to  the  citi 
zens  of  the  United  States  the  right  to  mine  in  the  country  known  as  the  "  Black  Hills,"  and 
such  other  rights  as  could  be  secured  and  as  might  be  thought  desirable  for  the  Government, 
having  in  view  the  rights  of  the  Indians  and  the  obligations  of  the  United  States  under 
existing  treaty  stipu'atious.  » 

The  following  instructions  constitute  the  authority  under  which  the  commission  acted  : 

"DEPARTMENT  OF  THE  INTERIOR, 
"OFFICE  OF  INDIAN  AFFAIRS, 

"Washington,  D.  C.,  June  18,  1875. 

"GENTLEMEN:  You  have  been  appointed  by  the  honorable  Secratary  of  the  Interior 
under  the  direction  of  the  President,  as  members  of  the  commission  to  negotiate  with  the 
Sioux  Indians  relative  to  the  procurement  of  a  cession  by  them  of  such  portion  of  that  coun 
try  known  as  the  Black  Hills,  between  the  North  and  South  Forks  of  the  Big  Cheyenne,  as 
the  President  may  determine  to  be  desirable  for  the  Government  to  purchase  for  mining 
purposes,  and  arelinquishment  of  their  rights  to  that  portion  of  Wyoming  known  as  the  Big 
Horn  Mountains  and  lying  west  of  a  line  running  from  the  point  where  the  Niobrara  River 
crosses  the  east  line  of  Wyoming  to  the  Tongue  River,  said  line  to  keep  distant  on  the  east 
not  less  than  fifty  miles  from  each  of  the  forts  formerly  known  as  Fetterman,  Reno,  and  Kear 
ney,  and  also  of  the  necessary  right  of  way  through  their  country  to  reach  the  country  ceded. 

"By  reference  to  the  treaty  of  18G8,  made  with  these  Indians,  sections  2  and  16,  copy  of 
which  is  herewith  inclosed,  you  will  be  informed  as  to  the  nature  and  extent  of  the  respect 
ive  claims  of  the  Sioux  to  these  tracts  of  country.  That  portion  of  the  Black  Hills  country 
which  lies  within  the  boundaries  of  Dakota  is,  without  dispute,  a  part  of  their  permanent 
reservation.  The  country  mentioned  in  Wyoming,  as  described  in  the  sixteenth,  se  ction  of 
the  treaty  above  referred  to,  is  a  portion  of  '  unceded  territory.'  To  this  the  Indians  have 
no  claim  except  for  hunting  purposes  and  the  exclusion  of  other  people. 

"By  reference  to  a  map  of  this  country,  inclosed  herewith,  you  will  observe  that  the 
cession  of  the  Black  Hills,  and  the  relinquishment  of  the  Big  Horn  country  leaves  a  con 
siderable  tract  between  these  two  cessions  still  within  the  claim  of  the  Indians,  as  defined  in 
the  sixth  section.  This  region,  especially  along  the  Powder  River,  is  known  as  the  Sioux 
hunting-ground  for  buffalo,  and  is  intended  still  to  be  preserved  to  them  for  that  purpose,  a 
passage  to  it  being  left  open  on  the  north  of  the  North  Fork  of  the  Cheyenne,  as  well  as  on 
the  south  of  the  South  Fork. 

"The  Sioux  who  are  parties  to  the  treaty  of  1853,  by  which  the  rights  involved  in  this 
negotiation  were  assured  to  them,  are  now  found  at  six  different  agencies — Santee,  Crow 
Creek,  Cheyenne  River,  Standing  Rock,  Red  Cloud,  and  Spotted  Tail.  They  number  not 
far  from  35,000.  There  are  also  probably  not  far  from  3,000  to  5,000  who  roam  over  the 
Black  Hills  country,  and  to  the  north  and  west  of  it,  who  have  not  been  enrolled  at  any 
agency,  and  who  were  only  indirectly  represented  at  the  making  of  the  treaty  of  1868.  It 
is  deemed  necessary,  in  order  to  bring  this  matter  fairly  before  the  large  body  of  Indians 
interested,  that  a  portion  of  the  commission  shall  visit  them  at  their  respective  agencies, 
and  procure  such  interviews  as  may  be  possible  with  the  roaming  Indians,  and  lay  definitely 
before  them  all  the'wishes  of  the  Government  and  their  own  necessities  and  interests  as 
involved  in  the  question  of  the  desired  cession,  and  invite  the  Indians  at  their  agencies  to 
send  representative  men  to  a  general  council,  to  be  held  at  as  early  a  day  as  practicable  at 
Fort  Sully,  on  the  Missouri  River ;  which  general  council  all  the  members  of  the  commis 
sion  are  expected  to  attend. 

"  In  negotiating  with  these  ignorant  and  almost  helpless  people  you  will  keep  in  mind 
the  fact  that  you  represent  them  and  their  interests  not  less  than  those  of  the  Government, 


and  are  com  missioned  to  .secure  the  best  interests  of  both  parties,  so  far  as  practicable. 
Great  care  should  he  taken  in  your  interviews  not  only  to  secure  proper  and  exact  interprets 
tious  of  the  communications  passing1  between  you,  but  also  to  satisfy  the  Indians  that  their 
words  are  fairly  conveyed  in  English.  Kcv.  S.  J).  II  human,  a  member  of  your  commission, 
is  entirely  competent  to  give  an  exact  rendering  lH,th  of  the  English  and  "of  the  Sioux.  It 
will  be  well  also  in  every  case  to  employ  the  services  of  such  an  interpreter  as  the  Indians 
may  select,  so  as  to  secure  between  the  services  of  the  two  iiot  only  exactness  but  the  entire 
confidence  of  the  Indians. 

"  In  presenting  this  subject  to  the  Indians  they  should  first  of  all  be  assured  of  the  kindly 
intentions  of  the  President  and  the  Government  toward  them.  They  should,  if  possible,  be 
made  to  understand  that  this  effort  on  the  part  of  the  Government  to  procure  a  portion  <»f 
their  country  originated  solely  in  a  desire  for  the  continuance  of  peace  between  them  and 
the  whites  ;  that  since  the  opinion  that  gold  is  to  be  found  in  the  Black  Hills  has  prevailed 
among  the  people  it  has  been  almost  impossible  to  prevent  white  per.sons  from  entering 
their  country,  arid  that  there  is  no  little  danger  that,  spite  of  all  efforts  to  the  contrary,  some 
evilly-disposed  persons  will  break  through  the  line,  and  that  conflict  and  blood  will  ensue. 

"You  will  also  assure  the  Indians  that  it  is  not  the  wish  of  the  Government  to  take  from 
them  any  of  their  property  or  rights  without  returning  a  fair  equivalent  therefor,  and  that 
you  have  come,  representing  their  Great  Father,  to  fix  upon  an  equivalent  which  shall  be 
just  both  to  them  and  to  the  white  people. 

"You  will  be  careful  in  your  negotiations  to  keep  constantly  impressed  upon  the  minds 
of  the  Indians  that  any  agreement  entered  into  at  the  council  is  to  be  brought  back  to  the 
President,  and  by  him  to  be  submitted  to  Congress  for  consideration  by  that  body  ;  and  that, 
until  the  contract  has  received  the  approval  of  Congress,  it  cannot  be  binding  upon  either 
party.  * 

"Respecting  the  right  of  way,  this  should  be  left  to  the  discretion  of  the  President,  as  to 
the  routes  to  be  selected,  and  as  to  any  restrictions  to  be  imposed  upon  parties  using  the 
routes. 

"The  attention  of  the  commission  is  invited  to  the  tenth  article  of  the  treaty  of  18u'8,  in 
•which  provision  is  made  for  an  appropriation  for  clothing  and  other  beneficial  purposes  for 
the  Sioux,  for  thirty  years  from  the  date  of  the  treaty,  and  also  for  subsistence  of  meat  and 
flour,  for  a  period  of  four  years.  This  latter  provision  has  expired  by  treaty  limitation, 
leaving  the  Sioux  Nation  dependent  for  the  necessaries  of  life  upon  the  annual  charity  of 
Congress.  The  appropriations  for  the  last  few  years  for  this  purpose  of  subsistence  vary 
from  $1,200,000  to  f  1,500,000  annually,  and  if  it  should  be  denied  by  Congress  in  any  of 
the  annual  appropriation  bills,  these  Indians  must  be  left  to  great  hardships,  and  to  hunger 
verging  upon  starvation,  unless  they  attempt  to  supply  their  wants  by  marauding  among 
the  settlers,  which  attempt  would  inevitably  lead  to  a  conflict  with  the  military.  This  dif 
ference  as  to  the  length  of  time  in  which  provision  is  made  in  their  treaty  for  clothing  and 
subsistence  had  not  been  well  understood  by  them  until  the  late  visits  of  the  delegations  to 
this  city,  when  they  were  assured  of  the  facts  by  the  President,  and  seem  so  to  accept  them 
as  such. 

"  The  best  interests  of  these  Indians  will  require  that  any  compensation  made  to  them 
shall  include  this  provision  for  subsistence  in  some  form,  and  that  in  no  case  should  it  take 
the  form  of  a  cash  annuity  ;  but,  so  far  as  it  shall  be  possible  to  gain  their  consent,  shall  be 
left  in  the  discretion  of  the  President  to  be  used  for  their  comfort  and  civilization,  and  the 
education  of  their  children  ;  and  they  should  agree  in  accepting  this  provision  to  allow  their 
children  to  be  educated.  The  safest  investment  of  any  funds  for  them  will  be  in  United 
States  coupon-bonds. 

"  The  outlook  for  this  tribe  is  by  no  means  encouraging.  They  cannot  live  by  the  chase  ; 
they  cannot  be  supported  in  idleness  by  the  Government.  They  must  begin  at  once  to  learn 
to  live  by  herding  or  by  agriculture,  or  both.  For  this  and  the  education  of  their  children 
they  need  help,  and  whatever  expenditure  the  Government  makes  in  their  behalf  in  the  fu 
ture  will  be  for  their  benefit  just  in  proportion  as  the  mode  of  its  application  corresponds 
to  their  actual  necessities. 

"The  commission  will  make  full  report  of  their  doings,  and  the  results  of  their  negotia 
tions  with  the  Indians-,  and  submit  for  the  consideration  of  the  Department  such  recom 
mendations  upon  the  subject  treated  by  them  as  they  may  deem  best. 

"  Hon.  Wm.  B.  Allison  has  been  selected  as  chairman  of  the  commission,  and  John  S. 
Collins,  esq.,  has  been  appointed  as  secretary.  Messrs.  Hinman,  Comingo,  and  Ashliy  have 
been  requested  to  undertake  the  preliminary  work  of  visiting  the  Indians  at  their  respective 
agencies,  in  order  to  lay  the  matter  of  the  negotiation  before  them,  and  invite  them  to  send 
delegates  to  the  grand  council  at  Fort  Sully. 

"You  will  please  hold  yourselves  in  readiness  to  attend  the  council  at  some  point  on  the 
Missouri  River,  to  be  hereinafter  designated,  which  council  it  is  supposed  will  take  place 
some  time  late  in  July. 

"Such  members  of  the  commission  as  are  under  pay  in  other  service  of  the  Government 
will  be  entitled  to  receive  their  necessary  and  actual  traveling  expenses.  Other  members 
will  receive,  in  addition  to  the  above,  a  compensation  of  S8  per  diem  while  actually  on  duty. 

"Your  attention  is  called  to  circular  letter  of  the  .Hon.  Second  Comptroller,  of  February  2Gr 


5 

1875,  and  Department  circular  of  July  19,1374,  for  infor.nat'on  as  to  require  merits  in  sa 
your  accounts  for  expense?. 

"  Very  respectfully,  your  obedient  servanf, 

"ED.  P.  SMITH, 

"  Commissioner. 

'Hon.  WM.  B.  ALLISON,   Dulmquc,  Iowa. 
'Bishop  E.   R.  AMb'.S,   Baltimore,   Md. 
'  Judge  F.  W.  PALMER,  Chicago,   III. 
'Brig.  Gen.  A.  H.  TKIWY,  U.  S.  A.,  Saint  Paul,   Minn. 
'Hon.  A.  COMINGO,  Independence,  Mo. 
'Rev.  S.  D.  HINMAN,   Santee  Agency,   ATcA. 
'G.  P.  BEAUVAIS,  Esq.,  Saint  Louis,  Mo. 
'W.  H.  ASI-IIIY,   Esq.,    Beatrice,  Neb. 
'A.   G.  LAWRENCE,  Egq  ,  Rhode  Inland." 

Bishop  Ames  and  Hon.  F.  W.  Palmer  declined  to  serve,  and  Hon.  T.  O.  Howe  was  sub 
stituted,  who  remained  with  the  commission  a  few  days  only,  when  it  became  necessary  for 
him  to  leave  for  another  field  of  public  duty. 

In  pursuance  of  instructions,  Messrs.  Hinman,  Comingo.  arid  Ashby,  of  the  commission, 
visited  the  various  agencies  and  tribes,  and  explained  to  the  Indians  the  object  of  the  grand 
council,  and  advised  them  that  it  would  be  held  at  or  in  the  vicinity  of  the  Red  Cloud  agency, 
and  would  convene  on  the  Jst  day  of  September.  A  report  of  their  proceedings  is  hereto 
appended,  marked  B. 

The  commission  met  at  Omaha,  in  the  State  of  Nebraska,  on  the  26th  day  of  August,  and, 
after  an  organization  and  the  transaction  of  some  unimportant  business,  proceeded  directly 
to  the  place  designated  for  holding  the  council,  via  Cheyenne  and  Fort  Laramie,  Wyoming 
Territory,  reaching  Red  Cloud  agency  on  the  4th  day  of  September. 

On  arrival  at  Red  Cloud,  the  commission  found  that  a  misunderstanding  existed  between 
the  tribes  as  to  the  place  of  meeting — chiefly  between  those  located  at  Red  Cloud  and 
Spotted  Tail  agencies,  the  former  insisting  that  the  council  should  be  held  at  Red  .Cloud, 
the  latter  that  it  should  be  held  on  Shadron  Creek,  about  twenty-five  miles  from  Red  Cloud, 
and  the  same  distance  from  Spotted  Tail.  These  differences  grew  so  acrimonious  at  times 
as  to  render  it  doubtful  whether  a  grand  council  could  be  convened. 

On  the  17th  of  September,  however,  a  final  agreement  was  reached  as  to  the  place  of 
opening  the  council,  the  place  agreed  upon  being  an  open  plain  about  eight  miles  from  the 
Red  Cloud  agency,  on  White  River,  directly  north  of  Crow  Butte. 

The  intervening  time  was  spent  in  holding  interviews  with  the  chiefs  of  the  various 
tribes  as  to  the  object  of  the  council,  and  endeavoring  to  impress  upon  them  the  necessity 
of  making  an  agreement  whereby  the  Black  Hills  could  be  occupied  for  mining  purposes, 
in  order  that  peace  might  be  maintained  and  mutual  good-will  promoted. 

PROPOSITIONS   AGREED   UPON. 

Before  the  day  appointed  for  the  opening  of  the  council,  the  commission  held  frequent 
meetings  for  conference  as  to  the  character  of  the  proposition  to  be  made  to  the  Indians. 

A  majority  decided  that  the  instructions  contemplated  chiefly,  if  not  wholly,  the  acquisi 
tion  only  of  the  mining  rights  and  such  other  rights  as  are  incidental  and  necessary  thereto, 
and  that  it  would  be  better  for  the  Government,  and  surely  so  for  the  Indians,  to  make  an 
agreement  upon  this  basis,  especially  so  as  it  seemed  clear  to  the  majority  that  the  Indians 
would  not  make  absolute  sale  upon  any  terms  that  would  be  acceptable  to  the  commis^on, 
and  that  it  would  be  inconvenient  to  secure  the  signatures  of  three-fourths  of  the  adult  male 
Indians  to  an  agreement  of  sale;  that  being  necessary  under  the  twelfth  article  of  the  treaty 
of  1868. 

A  minority,  however,  entertained  opinions  decidedly  adverse  to  these  views,  and  main 
tained  that  the  absolute  title  could  be  secured  as  easily  and  cheaply  as  the  mining  right  and 
that  in  the  end  it  would  become  necessary  to  divest  the  Indians  of  all  title  to  the  hills,  but 
yielded,  so  far  as  to  allow  the  proposition  to  be  presented  in  the  first  instance  in  the  form 
proposed  by  the  majority  ;  and,  accordingly,  the  chairman  was  instructed  to  place  the  question 
before  the  Indians  in  that  form. 

OPENING  OF  THE  GRAND  COUNCIL. 

The  grand  council  opened  on  September  20,  at  the  place  designated. 

The  following  members  of  the  commission  were  present:  W.  B.  Allison,  chairman;  A.  H. 
Terry,  A.  Comingo,  S.  D.  Hinman,  G.  P.  Beauvais,  W.  H.  Ashby,  and  A.  G.  Lawrence. 

Of  the  Sioux  Nation,  representative  men  were  present  from  the  following  tribes :  Bruits, 
Ogalallas,  Minueconjous,  Uncpapas,  Blackfeet,  Two-Kettle  band,  Sans  Arcs,  Lower  Brules, 
Yanktons,  Santees  and  Northern  Cheyeunes,  and  Arapahoes. 

The  chairman,  by  order  of  the  commission,  opened  the  council  with  a  brief  statement  of 
the  objects  and  wishes  of  the  Government,  as  follows  :  * 


I   1MARKS   OF   THE   CHAIRMAN. 

"  Wo  have  now  to  ask  you  if  you  are  willing1  to  give  our  people  the  right  to  mine  in  the 
Black  Hills,  as  long  as  gold  or  other  valuable  metals  are  found,  for  a  fair  and  just  sum.  If 
you  are  so  willing,  we  will  make  a  bargain  with  you  lor  this  right.  'When  the  gold  or  other 
valuable  minerals  are  taken  away,  the  country  will  again  be  yours  to  dispose  of  in  any  man 
ner  you  may  wish.  If  you  will  sell  to  us  this  right,  we  suggest  as  the  proper  eastern  bound 
ary  the  point  where  the  North  and  South  Cheyenne  come  together,  and  that  we  take  for  mining 
uses  all  the  country  lying  between  the  rivers  thus  uniting,  as  far  west  as  the  104th  meridian 
of  longitude  west  of  Greenwich,  which  will  be  about  the  line  of  the  high  limestone  ridge  in 
the  western  part  of  the  Hills.  We  suggest  these  rivers  as  the  north  and  south  boundaries 
because  they  are  easily  known  to  you  and  to  us.  The  great  object  we  have  in  making  this 
agreement  is  to  secure  a  lasting  peace  with  you.  It  will  be  hard  for  our  Government  to 
keep  the  whites  out  of  the  Hills.  To  try  to  do  so  will  give  you  and  our  Government  great 
trouble,  because  the  whites  that  may  wish  to  go  there  are  very  numerous.  If  you  give  us 
the  rights  we  ask  we  will  give  you  in  return  a  fair  equivalent,  and  in  such  a  way  as  to  do 
you  good  and  improve  your  condition.  We  do  not  wish  to  take  from  you  any  right  or  prop 
erty  you  have  without  making  a  fair  return  for  it.  We  are  asked  by  our  Great  Father,  and 
it  is  our  own  wish,  to  consider  the  interests  of  both  parties  as  far  as  we  can.  We  know  that 
you  are  in  need  of  aid  from  us.  You  have  received  liberal  sums  from  us  in  the  last  few 
years,  and  we  fear  they  have  not  been  of  as  much  service  to  you  as  they  should  have  been. 
Whatever  we  agree  to  give  you  now  we  will  try  and  so  arrange  that  it  will  all  be  expended 
in  such  manner  as  to  put  you  in  the  way  of  helping  yourselves,  rather  than  that  you  should 
rely  upon  others,  and  place  you  in  a  condiliou  by  which  you  may  iu  the  future  live,  or  try 
to  five,  as  the  white  men. 

"There  is  another  country  lying  far  toward  the  setting  sun,  over  which  you  roam  and 
hunt,  and  which  territory  is  yet  unceded,  extending  to  the  summit  of  the  Big  Horn  Mount 
ains.  We  do  not  know  what  value  you  place  upon  this  country.  We  would  like  to  secure 
your  interest  in  a  part  of  it,  and  if  you  are  willing  to  sell  we  would  like  so  much  of  it  as 
lies  west  of  a  line  beginning  nearly  west  of  where  we  now  stand,  namely,  at  the  northwest 
corner  of  the  State  of  Nebraska,  aud  running  in  a  northwesterly  direction  until  it  touches 
the  Yellowstone  River  at  the  107th  meridian.  It  does  not  seem  to  be  of  very  great  value  or 
use  to  you,  and  our  people  thiuk  they  would  like  to  have  the  portion  of  it  I  have  described. 

"  We  want  you  to  consider  this  well,  also.  First  consider  whether  you  wish  to  part  with 
it,  and  if  you  do,  what  you  want  us  to  pay  for  it,  and  let  us  know,  and  then  if  we  can  agree 
as  to  price  we  will  buy  of  you." 

DIFFICULTIES   AT  THE   OUTSET. 

After  this  statement  the  Indians  asked  time  to  consult.  It  became  apparent  to  the  commis 
sion  at  an  early  period  of  the  negotiations  that  the  Indians  would  demand  an  exorbitant  sum 
for  the  Hills.  'Nearly  all  having  intercourse  with  tnem  or  influence  over  them  made  exagge 
rated  statements  to  them  of  the  value  of  the  Hills,  and  it  was  a  source  of  regret  that  the  In 
dian  agent  at  Spotted  Tail  and  Dr.  Daniels  and  other  officers  and  employe's  of  the  Govern 
ment,  who  had  frequent  communication  and  considerable  influence  over  many  of  the  Indians, 
felt  it  to  be  their  duty  to  express  opinions  that  the  Hills  were  of  great  value  for  mining  and 
agricultural  purposes,  and  that  the  Government  ought  to  pay  from  thirty  to  fifty  millions  of 
dollars  for  them.  These  opinions  thus  expressed,  and  differing  so  widely  from  the  views  i,f 
the  commission,  had  the  effect  to  excite  hopes  in  the  Indian  mind  which  made  it  exceedingly 
doubtful  in  the  beginning  whether  any  agreement  could  be  reached.  These  influences  were 
in  th^main  exerted  to  either  secure  an  exorbitant  price  or  compel  a  failure  to  make  any 
agreement,  aud  they  were  so  patent  at  the  agency  that  unless  the  commission  would  agree 
to  a  sum  ranging  from  thirty  to  fifty  millions,  no  agreement  would  or  could  be  reached. 

The  Indians  seemed  to  be  divided  into  two  parties,  the  larger  willing  to  part  with  the  Hills  if 
a  large  price  could  be  obtained ;  a  smaller  portion,  more  resolute,  because  composed  chiefly  of 
the  young  men,  were  opposed  to  parting  with  the  Hills  for  any  consideration  whatever.  These 
differences  delayed  a  second  meeting  until  the  I&id,  at  which  time  no  conclusion  had  been 
reached  by  them,  and  the  tribes  were  all  in  bad  spirit  on  that  day,  which  most  likely  would 
have  resulted  in  a  serious  outbreak  but  for  the  wise  precaution  taken  by  a  few  of  the  leading 
chiefs,  especially  by  Young  Man  Afraid  Of  His  Horses  aud  his  soldier  band.  Although  all 
were  present  on  the  23d,  the  council  was  not  convened.  No  proposition  was  made  by  the 
Indian*  nor  did  any  chief  address  the  commission.  All  separated,  after  some,  consultation 
held  by  the  leading  chiefs  among  themselves,  without  fixing  anytime  for  future  meeting. 
It  was  plain,  from  the  proceedings  of  that  day,  that  no  agreement  could  be  made;  yet  the 
membeis  of  the  commission  \veie  anxious  to  continue  their  efforts  at  least  long  enough  to  se 
cure  an  open  and  public  expression  of  the,  views  of  the  Indians. 

The  con. mission  sent  for  some  twenty  of  the  leading  chiefs  t:>  visit   them   at  the  agency 

and,  in  emphatic   words,   endeavoied    to    impress    upon   them    the.   importance  of  coining  to 

some  agreement  among  themselves.     At  this  interview,  which  was  held  on  the  2<>th,  they 

o  'lie  commi.-sion  on  the  following  day  in  council,  and  on  the  21  lk  the  council 


again  convened.  In  the  mean  time  several  of  the  chiefs  and  tribes  had  left  for  their  homes,  so 
that  at  this  and  subsequent  meetings  no  more  than  one-half  of  those  present  on  the  20th  and 
23d  appeared. 

THE   DEMANDS   OF   THE   INDIANS. 

On  the  27th,  28th,  and  29th,  the  commission  listened  to  propositions  from  the  leading 
chiefs  of  the  various  tribes,  which  were  a  mixture  of  complaints  and  demands,  the  latter  of 
so  extraordinary  a  character  as  to  make  it  manifest  that  it  was  useless  to  continue  the  nego 
tiations.  We  quote  from  most  of  these  speeches  to  show  the  character  and  extent  of  their 
requirements. 

RED  DOG.  We  want  to  be  taken  care  of  for  seven  generations  ahead. 

RED  CLOUD.  There  have  been  six  nations  raised,  and  I  am  the  seventh,  and  I  want 
seven  generations  ahead  to  be  fed. 

RED  DOG.  WTe  want  to  get  pay  for  seven  generations  ahead,  the  same  subsistence  that 
you  have  been  giving  us.  All  our  chiefs  are  here.  They  want  to  get  back  pay  from  what 
our  Great  Father  has  promised  us,  in  horses  and  light  wagons  with  six  yokes  of  oxen. 
TLey  have  surveyed  the  lands  all  around  us,  right  by  Running  Water.  We  wish  that  our 
Great  Father  would  move  the  line  down  to  the  Platte.  We  want  the  surveyor's  mounds 
raised  and  moved  down  to  the  middle  of  the  Platte.  Our  Great  Father  asked  for  the  Black 
Hills,  and  our  head  chiefs  said,  "We  don't  want  to  give  the  whole  Hills  ;  we  will  just  give 
where  there  is  gold,  in  the  center,  not  to  include  the  pine ;  just  the  Black  Hills."  We 
con't  want  to  have  any  more  roads  through  the  country  to  run  over  us  here.  The  road  they 
Lave  made  through  the  village,  where  the  theives  came  through,  they  may  travel  that. 
There  are  words  I  want  to  say  for  the  half-breeds  and  those  who  are  married  to  the  In 
dians. 

LITTLE  BEAR.  Our  Great  Father  has  a  house  full  of  money.  Suppose  a  man  walks  right 
into  that  house  and  takes  the  money,  do  you  suppose  that  would  suit  everybody  ?  The 
Black  Hills  are  the  house  of  gold  for  our  Indians.  We  watch  it  to  get  rich.  For  the  last 
four  years  the  Great  Father's  men  are  working  at  that  hill,  and  I  want  our  Great  Father  to 
remember  that  and  not  to  forget  it. 

LONE  HORN.  Seven  years. 

LITTLE  BEAR.  If  a  man  owns  anything,  of  course  he  wants  to  make  something  out  of  it 
to  get  rich  on.  You  gentlemen  were  sent  from  our  Great  Father's  house — you  are  looking 
for  something  good,  of  course,  and  we  are  the  same,  and  we  are  glad  to  speak  to  you.  We 
would  like  to  have  you  look  after  what  has  been  taken  out  of  the  Black  Hills.  They  have 
asked  about  buying  them.  You  gentlemen  came  from  there  to  see  what  has  been  said,  and 
I  am  going  to  tell  you  what  I  think  about  it,  and  I  want  you  to  report  it  to  your  Great 
Father.  There  will  be  persons  like  myself,  Indians,  on  the  earth  as  long  as  they  live.  I 
v\aut  you  to  feed  them,  and  give  them  rations  every  year,  and  annuities.  We  want  to  be 
helped  and  to  be  helped  right  and  taken  care  of.  The  councilmen  are  here.  Go  and  tell  the 
Great  Father  what  I  have  said,  and  come  back  and  tell  me.  From  this  on  we  want  our 
Great  Father  to  help  us.;  give  us  a  great  deal  more  than  we  get  now.  WThat  we  get  does 
not  go  around.  After  this,  when  our  Great  Father  sends  us  annuity-goods  we  would  like 
to  get  a  list  of  them,  so  that  one  of  our  own  men  can  look  over  it.  Tell  this  to  the  Great 
Father.  When  you  help  me  to  all  that  I  will  think  over  what  you  ask  me. 

SPOTTED  TAIL.  As  long  as  we  live  on  this  earth  we  will  expect  pay.  We  want  to  leave 
the  amount  with  the  President  at  interest  forever.  By  doing  that  1  think  it  will  be  so  that 
I  can  live.  I  want  to  live  on  the  interest  of  my  money.  The  amount  must  be  so  large  that 
the  interest  will  support  us.  Part  of  this  each  year  I  can  trade  for  something  to  eat.  I 
will  trade  part  of  it  for  enough  annuity-goods  to  go  around.  I  will  trade  some  of  it  for 
stock  to  raise  cattle.  I  will  trade  some  of  it  for  hogs.  I  will  trade  some  of  it  for  mares,  to 
raise  horses.  We  want  some  good  cattle  every  year.  I  want  some  ammunition  too — pow 
der  and  lead.  Every  year  we  want  some  guns.  If  the  Great  Father  does  this  while  I  live 
then  I  will  get  pay  for  the  land.  We  want  some  clothes  as  long  as  any  Indians  live  ;  if 
even  only  two  remain,  as  long  as  they  live  they  will  want  to  be  fed,  just  as  they  are  now  ; 
as  long  as  they  live  they  want  tobacco  and  knives.  Until  the  land  falls  to  pieces  wre 
want  these  things  ;  when  it  does  we  will  give  it  up.  There  is  no  use  for  the  troops 
here  now,  and  we  want  them  removed. 

SPOTTED  BEAR.  Our  Great  Father  has  a  big  safe,  and  so  have  we.  This  hill  is  our  safe. 
That  is  the  reason  we  can't  come  to  a  conclusion  very  quick.  Before  our  Great  Father  does 
anything  for  us,  these  people  go  and  steal  from  us,  and  I  want  that  made  good.  As  long  as 
we  live  i  want  our  Great  Father  to  furnish  us  with  blankets  and  things  that  we  live  upon. 
We  want  seventy  millions  of  dollars  for  the  Black  Hills.  Put  the  money  away  some  place 
at  interest  so  we  can  buy  live  stock.  That  is  the  way  the  white  people  do. 

RED  CLOUD.  My  Great  Father  has  told  me  that  there  have  been  six  generations  back  of 
Inlian  tribes,  and  I  am  the  seventh.  These  hills  out  here  to  the  northwest  we  look  upon  as 
the  head  chief  of  the  land.  My  intention  was  that  my  children  should  depend  on  these  hills 
for  the  future.  I  hoped  that  \ve  should  live  that  way  always  hereafter.  That  was  my  inten 
tion.  I  sit  here  under  the  treaty  which  was  to  extend  for  thirty  years.  I  want  to  put  the 


money  that  we  get  tori  lie  Black  Hills  at  interest  among  the  whites,  to  buy  with  the  interest 
wagons  and  cattle.  \Ve  have  much  small  game  yet  that  we  can  depend  on  tor  the  future, 
only  I  want  the  Great  Father  to  buy  guns  and  ammunition  with  the  interest  so  we  ran  shoot 
the  game.  For  seven  generations  to  come  I  want  our  Great  Father  to  give  us  Texan 
steers  for  our  meat.  I  want  the  Government  to  issue  for  me  hereafter,  flour  and  coll'ee,  and 
sugar  and  tea,  and  bacon,  the  very  best  kind,  and  cracked  corn  and  beans,  and  rice  and 
ilrie.d  apples,  and  saleratus  and  tobacco,  and  soap  and  salt,  and  pepper,  tor  the  old  people. 
I  waut  a  wagon,  a  light  wagon  with  a  span  of  horses,  and  six  yoke  of  working  cattle  1W 
my  people.  I  want  a  sow  and  a  boar,  and  a  cow  and  bull,  and  a  sheep  and  a  ram,  and  a 
lieu  and  a  cock,  for  each  family.  I  am  an  Indian,  but  you  try  to  make  a  white  man  out  of 
me.  I  want  some  white  men's  houses  at  this  agency  to  be  built  for  the  Indians.  I  have 
been  into  white  people's  houses,  and  I  have  seen  nice  black  bedsteads  and  chairs,  and  1 
•want  that  kind  of  furniture  given  to- my  people.  I  thought  I,  had  some  interest  in  this  saw 
mill  here,  but  I  find  I  have  not.  I  want  the  Great  Father  to  furnish  me  a  saw-mill  which  I 
may  call  my  own.  I  want  a  mower  and  a  scythe  for  my  people.  Maybe  you  white  people 
think  that  I  ask  too  much  from  the  Government,  but  I  think  those  hiils  extend  clear  to  me 
.sky — maybe  they  go  above  the  sky,  and  that  is  the  reason  I  ask  for  so  much.  I  think  the 
Black  Hills  are  worth  more  than  all  the  wild  beasts  and  all  the  tame  beasts  in  the  possession 
of  the  white  people.  I  know  it  Avell,  and  you  can  see  it  plain  enough  that  God  Almighty 
placed  those  hills  there  for  my  wealth,  but  now  you  want  to  take  them  from  me  and  make 
me  poor,  so  I  ask  so  much  so  that  I  wont't  be  poor.  Now  I  will  tell  you  how  much  of  the 
country  I  give  you.  Around  the  hills  is  a  race-track,  (trail,)  and  I  sell  to  the  Government 
inside  of  that  trail. 

BLACK  COAL  ( Arapahoe.)  I  say  for  my  part  that  we  want  out  rations  and  annuities,  and  the 
Government  to  help  us  for  seven  generations  to  come.  Our  Great  Father's  boys  have  de 
stroyed  all  our  game  on  which  we  depend  for  a  living,  and  I  want  our  Groat  Father  to  pay 
for  it  in  beef  and  other  provisions,  so  that  we  can  depend  on  it  hereafter  for  a  living.  I  have 
a  right  to  payment  for  the  Black  Hills  as  wrell  as  the  Ogalallas. 

LITTLE  WOLF,  (Cheyenne. )  You  are  here  to  try  to  buy  the  gold  regions  in  those  Black  Hills. 
There  has  been  a  great  deal  stolen  from  those  hills  already.  I  want  to  speak  to  you  in  regard 
to  this  country  that  I  have  lost.  My  people  own  an  interest  in  these  hills  that  you  men  speak 
of  buying ;  after  this  my  people  want  to  be  fed  by  the  Government  for  the  next  seven  gener 
ations.  We  want  guns  and  ammunition  in  return  for  this  portion  of  land  that  the  Great 
Father  has  asked  for.  If  the  Great  Father  gets  this  country  from  us,  it  is  a  rich  country 
and  we  want  something  to  pay  us  for  it.  We  want  to  be  made  rich  too.  There  is  gold  and 
silver  and  a  great  many  kinds  of  mineral  in  that  country.  The  Great  Father  gets  that  for 
the  whites.  They  will  live  on  it  and  become  rich.  We  want  him  to  make  us  rich  also. 

FAST  BEAR.  The  beef-cattle  that  the  Great  Father  has  issued  to  me,  no  doubt  each  steer 
has  been  weighed  twice  and  called  two,  and  some  of  them  have  been  put  away  somewhere 
else,  and  I  wish  the  Great  Father  would  track  them  up.  It  seems  that  all  this  back  pay  is 
due  me  and  some  of  it  has  been  lost  and  I  didn't  know  it.  and  I  wish  that  it  would  all  be 
tracked  up  and  put  in  with  this  payment  for  the  Black  Hills.  This  land  that  you  want  to 
buy  is  not  a  small  thing.  It  is  very  valuable  and  therefore  I  am  going  to  put  a  big  price 
on  it.  I  am  in  the  center  ot  the  Sioux  tribes,  and  we  must  all  have  an  equal  payment.  I 
want  to  put  some  of  the  money  from  this  land  that  we  let  you  have  at  interest  in  our  Great 
Father's  hands.  With  the  interest  I  want  to  buy  some  stock  and  hogs  and  good  tame  cows, 
and  mares.  I  don't  mean  to  have  these  paid  out  of  the  annuities,  but  from  the  back  pay. 
Hereafter  our  Great  Father  should  give  us  rations.  I  want  the  Government  to  give  us  rations 
and  annuities,  more  than  we  have  now,  and  ammunition  and  guns  for  the  Black  Hills.  I 
want  you  to  give  us  the  same  as  in  the  treaty  of  1852,  whatever  has  been  issued  to  us — even 
little  tin  pails,  &c.  Of  course  it  is  not  a  very  small  thing  that  you  ask  of  me,  and  therefore 
I  ask  to  be  supported  as  long  as  I  live,  and  as  long  as  my  children  and  their  children  live. 
Now  for  the  Black  Hills.  I  will  tell  you  the  portion  we  want  to  give  you.  There  are  two 
rivers,  one  on  each  side ;  we  don't  wan't  to  give  you  the  land  to  the  rivers,  but  only  the 
lands  in  the  Black  Hills  as  far  as  the  pine  goes.  There  must  be  only  one  road  from  the  Mis 
souri  to  the  Black  Hills.  One  of  my  head  men  was  caught  in  the  Black  Hills  and  scared  a 
little  last  summer.  I  want  the  Government  to  pay  him  for  that  road. 

Mr.  ALLISON.  What  road  ? 

FAST  BEAR.  That  thieves'  road.     (Caster's  trail.) 

STARRER.  Now,  beware,  and  be  lively,  and  don't  be  discouraged,  and  try  and  give  as 
many  millions  as  we  have  asked  for  those  hills.  We  know  that  those  hills  will  support  us 
for  seven  generations  to  come,  and  I  have  said  it  plainly  more  than  once.  I  have  said  that 
you  white  people  are  rich,  and  I  want  of  the  Great  Father  guns  and  provisions  and  live 
stock  issued  to  us  on  which  we  may  depend  for  seven  generations  to  come,  or  as  long  as  we 
live. 

DEAD  EYES.  You  have  put  all  our  heads  together  and  covered  them  with  a  blanket. 
That  hill  there  is  our  wealth,  but  you  have  been  asking  it  from  us.  It  is  not  a  very  small 
thing,  you  must  remember  ;  therefore,  at  our  Great  Father's  house,  we  asked  for  a  great  deal, 
but  it  is  not  very  much  when  we  will  ask  equal  shares.  You  white  people,  you  have  all 
come  in  our  reservation  and  helped  yourselves  to  our  property,  and  you  are  not  satisfied  ; 


you  wont  beyond  to  take  the  whole  of  our  safe.  These  tribes  here  all  spoke  with  one  word 
in  saying  that  they  look  after  their  children  for  seven  generations  to  come,  and  I  think  it  is 
light.  The.se  people  have  asked  you  to  remove  the  surveyor's  line  a  little  bark,  and  give  us 
a  little  wider  track.  They  mean  it  when  they  say  it.  If  it  is  done  we  will  live  happily  and 
peaceably. 

CROW  FKATIIEII.  You.  my  Indian  friends,  of  course,  all  who  have  an  interest  in  this  land 
have  a  right  to  step  up  and  speak  for  themselves.  I  never  call  anybody  our  Great  Father 
but  God.  I  have  heard  there  is  another  Great  Father  down  here,  and  I  am  going  to  call  him 
our  Great  Father.  A  man  has  a  right  to  speak  as  he  pleases,  and  ask  what  he  wants  for  his 
own  land.  Now,  our  people  say  that  the  Great  Father  shall  grant  our  wishes.  You  all  remem 
ber  that,  boys.  You  white  people  have  brought  word  from  the  Great  Father.  You  have 
brought  tidings,  and  it  is  not  a  very  small  thing.  It  seems  as  though  you  take  the  head 
from  my  shoukk-rs  ;  that  is  just  the  way  that  I  feel.  Of  course  our  Gteat  Father  don't  keep 
his  safe  in  his  house  for  thieves  to  go  in  the  door  and  take  his  money  out.  We  all  know 
that.  Our  Great  Father  has  asked  me  to  give  up  the  heart  of  this  land  where  I  was  born 
and  raised,  and  the  heart  of  this  land  is  big  arid  good,  and  I  have  camped  all  around  it  and 
watched  and  looked  after  it.  Our  people  here  speak  of  seven  generations  'to  come.  Now, 
remember,  I  hope  that  our  Great  Father  will  not  be  so  stingy  with  his  money  as  not  to  grant 
that.  We  wish  our  Great  Father  to  feed  people  of  my  color  hereafter  as  long  as  the  race  lasts. 
We  want  from  our  money  different  kinds  of  live  stock  such  as  the  white  people  have.  We 
want  clothes  for  the  Indian  race  as  long  as  it  lasts.  Even  if  our  Great  Father  should  give  a 
hundred  different  kind  of  live  stock  to  each  Indian  house  every  year,  it  seems  that  that 
would  not  pay  for  the  Black  Hills.  I  was  not  born  and  raised  on  this  soil  for  fun.  No,  indeed. 
When  our  Great  Father  asked  for  this  land  I  thought  it  pretty  hard.  Now  there  are  thirty- 
two  annuities  that  the  Government  has  promised  us.  I  hope  that  that  won't  be  included  in 
this  annuity  for  the  Black  Hills.  I  hope  our  Great  Father  will  look  and  see  how  many 
millions  of  dollars  have  been  stolen  out  of  the  Black  Hills,  and  when  he  finds  it  out,  I  want 
the  Great  Father  to  pay  us  that,  different  from  the  Black  Hills  annuity. 

FLYING  BIRD.  There  is  gold  all  over  this  hill  out  here  which  our  people  own.  You  can 
see  it  with  your  naked  eyes.  What  our  people  ask  for  the  Black  Hills,  the  amount  that  we 
ask  from  our  Great  Father,  will  grow  small  year  by  year,  and  the  Black  Hills  will  grow 
richer.  As  long  as  our  Indian  race  lasts  we  hope  that  our  Great  Father  will  not  forget  us. 
That  he  will  clothe  them  as  long  as  they  live,  and  feed  them  and  fufnish  them  with  live  stock. 
From  this  treaty  on,  every  time  the  Government  delivers  an  annuity  to  our  agents,  we  shall 
choose  a  half-breed  who  lives  among  us.  The  chiefs  must  take  this  last  and  give  it  to  that 
man,  for  we  well  know  that  there  are  many  rats  between  here  and  the  Great  Father's  door. 
But  if  our  Great  Father  only  knew  he  would  go  on  and  drown  them  out,  and  find  many  rat- 
heads  all  the  way. 

At  the  meeting  on  the  28th,  Spotted  Tail  asked  the  commissioners  to  state  in  writing  what 
sum  they  were  willing  to  pay  for  the  hills,  and  the  manner  of  payment.  On  the  29th  the 
commissioners  submitted  a  final  proposition  in  writing  to  the  Indians,  as  requested  by  them 
the  day  previous. 

THE   FINAL   PROPOSITION. 

The  people  of  the  United  States,  desiring  to  live  in  perpetual  peace  and  unity  with  those 
of  the  Sioux  Nation,  and  desiring  to  deal  with  them  in  all  things  liberally,  fairly,  and  justly, 
and  to  contribute  as  far  as  may  be  to  their  civilization  and  comfort,  do,  through  their  com 
missioners,  duly  appointed  and  authorized,  submit  to  said  nation  the  following  propositions, 
assuring  them  that  it  is  their  privilege  to  accept  any  one  or  reject  all  of  them  : 

I.  To  purchase  the  license  to  mine,  and  also  as  incidental  thereto  the  right  to  grow  stock, 
and  to  cultivate  the  soil  in  the  country  known  as  the  Black  Hills,  and  bounded  and  de 
scribed  as  follows,  to  wit  :  Beginning  at  the  junction  of  the  North  and  South  Forks  of  the 
Cheyenne  River,  and  embracing  all  the  territory  between  said  rivers  lying  west  of  said 

'junction  to  the  one  hundred  and  fourth  meridian  of  longitude  west  from  Greenwich,  the 
United  States  agreeing  to  pay  therefor  the  sum  of  $400,000  per  annum  ;  the  United  States 
reserving  the  right  to  terminate  said  license  at  any  time  by  giving  two  years'  notice  by  proc 
lamation,  and  payment  of  the  full  amount  stipulated  for  the  time  the  license  may  continue  ; 
and  at  the  expiration  of  said  term,  all  private  property  remaining  upon  said  territory  shall 
revert  to  the  Sioux  Nation ;  and  such  an  amount  of  said  $400,000  as  the  Congress  shall  de 
termine,  not  less  than  $100,000  annually,  shall  be  expended  for  objects  beneficial  for  their 
civilization,  and  the  remainder  of  said  annual  sum  shall  in  like  manner  be  expended  for  their 
subsistence ;  or,  if  the  Sioux  Nation  prefers  it, 

II.  To  purchase  the  Black  Hills'  as  above  described,  from  the  Sioux  Nation,  and  to  pay 
them  for  their  interest  therein  the  sum  of  $6,000,000  in  fifteen  equal  annual  installments ; 
the  said  sums  to  be  annually  appropriated  for  their  subsistence  and  civilization,  not  less  than 
SlOt), 000  of  which  shall  be  annually  expended  for  purposes  of  civilization. 

III.  That  the  President  of  the  United  States  shall,  under  proper  restrictions  and  regula 
tions,  designate  three  routes  to  the  Black  Hills  country,  as  follows,  to  wit :  One  from  the 
south,  between  the  one  hundred  and  second  and  one  hundred  and  third  meridians ;  one  from 


10 

the  east,  not  farther  north  than  latitude  43A-0,  until  it  reaches  the  one  hundred  and  second 
meridian,  and  one  from  the  west,  not  north  of  latitude  44°;  also  a  brunch  road  from  some 
point  on  the  Niobrara  River  to  intersect  either  the  eastern  or  southern  route,  at  some  conven 
ient  point  not  west  of  the  one  hundred  and  third  meridian  west  of  Greenwich. 

IV.  The  commissioners  furthermore  propose  to  purchase  all  that  portion  of  what  is  known 
as  the  Big  Horn  country  in  Wyoming-,  which  lies  west  of  a  line  drawn  as  follows,  to  wit : 
Beginning  at  the  northwest  corner  of  the  State  of  Nebraska,  and  running  in  a  northwesterly 
direction  until  it  reaches  the  Yellowstone  River,  where  the  one  hundred  and  seventh  meridian 
west  of  Greenwich  crosses  said  river;  and  to  pay  the  Indians  for  their  interest   therein  the 
sum  of  $50,000  annually  for  ten  years,  to  be  paid  in  good  American  cows   and  other  live 
stock,  and  in  such  implements  of  husbandly  as  are  convenient  to  stock-growing  and  as  may 
be  deemed  advisable  by  the  President. 

V.  Any  agreement  which  may  be  made  shall  be  of  no  binding  force  upon  either  party 
until  it  shall  have  been  submitted  and  agreed  to  by  Congress  and  approved  by  the  President 
of  the  United  States  ;  and  any  agreement  for  the  purchase  of  the  Black  Hills  country  shall 
be  of  no  effect  until  it  shall  be  so  agreed  to  and  approved,  and  until  it  shall  be  signed  in  ac 
cordance  with  the  provisions  of  the  twelfth  article  of  the  treaty  of  1868. 

VI.  The  commissioners  propose  that,  in  case  of  the  acceptance  by  the  Sioux  Nation  of  the 
above  propositions,  and  after  the  proposed  agreement  shall  have  been  completed,  as  above 
set  forth,  a  reasonable  sum  shall  be  expended  in  presents  to  be  distributed  as   is  customary 
among  the  Indian  people. 

The  Indians  refused  to  consider  the  question  of  cession  of  that  portion  of  Wyoming  known 
as  the  "Big  Horn  country"  on  the  ground  that  it  was  valuable  to  the  wild  tribes  and  bands 
who  roam  over  it,  and  that  they  would  not  consent  to  surrender  it  at  present.  Finding  the 
Indians  opposed  to  any  negotiation  for  the  sale  of  the  "  Big  Horn  country,''  this  branch  of 
the  subject  was  not  pressed  upon  them,  although  it  would  be  a  very  desirable  acquisition. 

The  proposition,  so  far  as  the  Black  Hills  are  concerned,  was  presented  in  the  alternative.. 
The  commission  then  had  serious  doubts  whether  there  was  gold  in  the  hills  in  sufficient 
quantity  to  make  mining  profitable,  but  were  willing  to  make  their  proposition  most  liberal 
in  order  to  give  opportunity  of  testing  their  value.  It  will  be  observed  that  f 300, 000  of  the 
annual  payment  was  to  be  used  for  subsistence,  in  case  of  purchase,  for  fifteen  years,  and, 
in  case  of  acquisition  of  mining  right  only,  for  a  period  of  two  years  after  notice  to  the  In 
dians  and  to  the  miners,  and  $100,000  each  year  was  to  be  used  for  purposes  of  civilization, 
to  teach  the  Indians  how  to  take  care  of  themselves  and  to  provide  them  with  the  means. 

The  commission  all  agree  that  a  much  larger  sum  than  $300,000  annually  will  be  required 
for  several  years  to  subsist  these  Indians,  regardless  of  what  may  be  our  future  treatment 
of  them.  Under  existing  treaty-stipulations  we  are  not  required  to  make  any  appropriation 
for  this  purpose,  yet  Congress  in  the  last  two  years  has  thus  appropriated  about  8^,400,000. 
These  appropriations  have  been  made  on  the  theory  that  either  starvation  or  a  border  war 
would  result  if  the  appropriations  were  not  made. 

THE    COST    OF    THE   SIOUX. 

To  test  the  accuracy  of  this  view  relating  to  probable  future  expenditures,  the  commis 
sion  submit  the  facts  as  they  appear  in  the  history  of  this  Sioux  Nation  for  the  last  six  years, 
under  the  present  policy  and  under  the  treaty  of  JHK 

For  the  last  six  years,  including  the  present  fiscal  year,  the  Government  of  the  United 
States  has  appropriated  for  the  support  of  the  Sioux  Nation,  under  the  treaty  of  1868  and  in. 
addition  to  the  obligations  of  that  treaty,  the  following  sums  : 

For  the  fiscal  year  1870-'71 ftl,  867,  376  00 

For  the  fiscal  year  1871-72 1,917,500  00 

For  the  fiscal  year  1872-73 .' 1 ,  919,  :',ni>  1111 

For  the  fiscal  year  1873-74 '2,  437,  640  49 

For  the  fiscal  year  1874-75 2,002,5(10  IK.) 

For  the  fiscal  year  1875-76 1,719,300  00 

Or,  for  six  years,  the  sum  of 12, 863,  (J16  49 

This  does  not  include  any  probable  deficiency  that  may  appear  at  the  end  of  the  present 
fiscal  year,  which  will  probably  amount  to  a  considerable  sum  if  the  estimate  made  by  the 
agent  at  Red  Cloud,  at  the  request  of  and  for  the  commission,  even  approximates  a  cunvct 
His  estimate  is  as  follows: 


11 


AGENT   SAVILLE'S    ESTIMATE. 

Estimate  of  supplies  for  the  Ogctllalla,  Sioux,  Northern  Cheyenne,   and  Arrapahoe  Indians 
for  the  year  ending  June  30,  1876,  13,500  persons,  being  4,927,500  rations. 


5  °_ 

||S 

o?| 

S2| 

o> 

S 

O  ^ 

^!  ^  to     ^ 

v  ^3 

v  ^ 

^ 

Je".. 

£-0  p.  a 

«*-a 

•d^* 

S 

S3 
5     . 

So*3 

cS  *.  53 

>  ^  05 

II 

S  "y 

Articles. 

«S  2 

,2  So  >- 

.2  °  x~ 

'S   °   x~ 

«J5 

S&d 

C8o   0 

|i"l" 

S      a 

^      .  S 

'o 

O 

a 
§ 

||| 

|.aJS 

|||| 

3|^| 

1 

1 

1 

£ 

w^  *• 

w 

Hoc 

H* 

OH 

0 

o 

Pounds. 

Pounds. 

Pounds. 

Pounds. 

Dollars. 

Dollars. 

Beef  

300 

10,  950,  000 

3,  832,  SCO 

14,  782,  500 

9,  000,  UOO 

2  4fi^- 

364,  388  62i 

221,  850  00 

Flour 

35 

1  277,500 

447,  125 

1,724  625 

500,  000 

4.30 

74  153  87£ 

14  400  00 

Corn  

35 

1  277,  500 

447,  125 

1,724,625 

880,  000 

3.50 

60,361  87| 

30,800  00 

5 

'  182  500 

63,  875 

246  375 

60  135 

3.28 

8  081  10 

1  972  43 

Supar  .... 

8 

292  000 

102,  200 

394,  200 

150,  044 

8.94 

35,241  48 

13,413  93 

Coffee  

4 

146,  000 

51,  100 

197,  100 

74,612 

21.37 

42,120  27 

15,  944  58 

Bacon 

520  000 

187,366 

707,  366 

200,  000 

14.90 

105,397  53 

29,  800  00 

Salt 

1 

36  500 

12  775 

49  275 

1 

36  500 

12,  775 

49,  275 

11,000 

6  6-10 

3,252  15 

726  00 

Tobacco  

18,  250 

6,387 

24,  637 

7,  700 

.55 

13,  550  35 

4,  235  00 

Tea 

6  000 

.30 

1,800  00 

726  552  25 

334  ML  94 

The  above  estimate  is  based  upon  the  largest  number  of  Indians  visiting  the  agency. 

It  was  reduced  in  my  corrected  estimates  about  one-fourth  in  amount  for  those  who  would 
be  absent  from  the  agency  during  part  of  the  year  hunting. 

The  rapid  destruction  of  the  game,  however,  has  caused  a  larger  number  than  usual  to 
remain  at  the  agency,  so  that  the  reduction  of  twenty-five  per  cent,  of  the  estimate  will  leave 
the  supply  small. 

The  amount  allowed  is  less  than  half  of  the  estimated  requirement.  An  examination  of 
the  estimates  and  the  amount  allowed  will  show  that  the  supplies  of  all  rations  will  bo 
exhausted  by  the  last  of  February,  or,  at  latest,  the  middle  of  March. 

After  the  present  year  the  full  amount  of  the  estimate  will  be  required  at  this  agency, 
as  undoubtedly  the  full  number  of  Indians  estimated  will  reside  at  this  agency,  unless  a 
Black  Hills  agency  is  formed,  which  will  reduce  the  number  of  Sioux  at  this  agency  to 
about  seven  thousand. 

J.  J.  SAVILLE, 
United  States  Indian  Agent. 

These  appropriations  have  ail  been  expended  except  those  for  the  current  fiscal  year.  Of 
this  aggregate  sum,  $2,400,000,  appropriated  for  the  last  and  current  fiscal  year  for  subsist 
ence,  is  outside  of  the  treaty  of  18li8,  and  appropriated  solely  on  the  ground  of  charity  and 
humanity. 

From  all  the  evidence  derived  from  agents,  employes,  and  the  Indians  themselves,  the 
commission  is  of  opinion  that  the  annual  value  of  all  the  products  secured  by  a  cultivation 
of  the  soil  by  the  Indians  at  the  several  agencies  would  not  exceed  $5,000  per  annum  for 
the  last  six  years.  In  this  estimate  we  do  not  include  the  products  of  the  Santees  or  the 
Yanktons,  neither  of  which  tribes  resides  on  the  Sioux  reservation.  And  the  commission  is 
of  opinion  that,  if  the  present  policy  is  continued,  the  results  of  the  next  six  years  will  not 
differ  materially  from  those  of  the  last.  Indeed,  the  commission  very  much  doubts  whether 
enough  has  been  raised  in  the  aggregate  to  re-imburse  the  annual  appropriations  made  for  the 
salaries  and  expenses  of  the  farmers  employed  by  the  Government  at  the  various  agencies. 

The  commission  cannot  state  what  effort,  if  any,  has  been  made  to  induce  the  Indians  to 
work  at  the  various  agencies,  other  than  that  found  in  the  published  reports  ;  nor  can  they 
speak  intelligently  of  the  possibilities,  with  proper  effort,  at  any  of  the  agencies  except  Ked 
Cloud  and  Spotted  Tail,  but  from  published  statements  and  the  most  reliable  data  accessible 
it  is  very  doubtful  whether  any  considerable  portion  of  the  reservation,  although  containing 
'2,500,000  acres,  is  suited  to  agriculture,  although  a  very  large  portion  could  be  made  avail 
able  for  grazing,  if  the  Indians  could  be  made  to  care  for  stock  in  this  rigorous  climate  during 
the  winter. 

Theiv  are  at  Red  Cloud  and  Spotted  Tail  at  least  twenty  thousand  Indians  now  subsisted 
and  cared  for  by  the  United  States.  Our  observation  leads  us  to  the  conclusion  that  the 
character  of  this  region  is  such  that  farming  operations  are  impracticable,  even  when  con- 


12 

ducted  by  those  familiar  with  the  be.«t  methods.  Small  tracts  could  be  made  productive  by 
means  of  expensive  irrigation,  but  the  volume  of  water  is  not  sufficient  to  irrigate  on  an  ex 
tensive  scale,  even  if  the  country  were  suitable.  Grit/ing  to  a  limited  extent  might  be  made 
remunerative.  An  impediment,  however,  in  the  way  of  grazing,  even,  arises  from  the  fact 
that  both  these  agencies  are  located  in  the  State  of  Nebraska,  outside  of  the  reservation  set 
apart  by  the  treaty  of  1868.  A  short  distance  to  the  north  are  the.  Alanrfiisi-n  Ti-rri-n,  or  Had 
Lands,  extending  through  the  reservation  in  a  northwest  direction  from  the  Misvouri  Rivi-r 
•  to  the  western  boundary,  and  fifty  miles  in  width  most  of  the  distance.  A  short  distance 
south  are  the  Laramie  and  Platte  Valleys,  both  in  Nebraska,  occupied  by  the  whites  im 
grazing  purposes;  thus  leaving  for  the  use  and  occupation  of  the  Indians  a  narrow  belt  of 
country  on  the  White  River,  unless  they  cross  the  Bad  Lands  north,  (which  is  not  practica 
ble,)  or  unless  they  encroach  upon  the  lands  south,  occupied  by  the  whites,  which,  if  done, 
would  lead  to  serious  troube  with  citizens  of  the  State  of  Nebraska.  So  that  it  does  not 
seem  practicable  for  them  to  sustain  themselves  by  grazing  or  farming  where  they  now  are. 
even  if  they  manifested  a  disposition  to  work,  which  they  do  not. 

THE   PRESENT  PROBLEM. 

For  the  reasons  just  stated,  and  for  others  equally  obvious  to  any  who  will  visit  their 
country,  but  not  within  our  province  to  discuss,  no  progress  whatever  has  been  made  toward 
civilization  or  self-support  at  either  ot  these  agencies,  or  among  the  tribes  receiving  their 
rations  and  annuities  at  these  agencies,  during  the  last  six  years,  unless  we  should  call  prog 
ress  that  dependence  which  makes  the  Indian  rely  upon  the  Government  rather  than  the 
chase,  or  labor  for  the  necessaries  of  life.  During  these  six  years,  whatever  of  food,  cloth 
ing,  or  shelter  they  have  had,  has  been  provided  by  appropriations  from  the  national  Treas 
ury,  and  the  Indians  have  done  absolutely  nothing  but  eat,  drink,  smoke,  and  sleep,  ex 
cept  indulging  each  day  in  the  healthful  exercise  of  horseback  riding,  (each  Indian  hav 
ing  at  least  one  pony,)  and  at  intervals,  for  diversion,  engage  in  a  hunt  to  the  north  or  south. 
They  regard  labor  as  disreputable  and  disgraceful,  unless  performed,  by  the  women  of  the 
tribes,  who  do  the  necessary  drudgery.  It  occurs  to  the  commission  that  so  large  an  annual 
expenditure  of  public  monejr,  with  so  feeble  results,  is  expensive  and  unremunerative  to  the 
United  States  and  to  the  Indians.  As  long  as  the  present  methods  continue,  very  large  annual 
expenditures  will  be  required,  but  not  so  large  as  heretofore,  if  better  methods  for  issuing 
supplies  should  be  adopted. 

The  commission  do  not  charge  that  any  frauds  have  been  commitled  by  any  one,  as  they 
have  no  knowledge  of  any,  and  made  no  investigation ;  but  they  are  quite  sure  that  the  op 
portunities  for  fraud  are  easy  and  frequent.  But  under  any  possible  method,  large  expendi 
tures  must  be  continued  for  a  time,  unless  they  are  left  to  starve  or  prey  upon  the  settlements 
along  the  border  for  subsistence.  They  can  no  longer  live  by  the  chase,  and  it  will  require 
much  persevering  and  well-directed  effort  for  some  years  and  a  change  of  location  to  lead 
them  up  to  a  position  where  they  will  be  self-supporting.  This  expense  will  continue  to  in 
crease  with  the  growth  of  the  tribes  in  numbers,  and  all  the  reports  of  enumeration  show  that 
they  are  increasing  in  numbers. 

THE   NUMBER   OF   THE   SIOUX. 

Hon.  Peter  B.  Porter,  Secretary  of  War  in  1829,  estimated  the  Sioux  tribes  at  15,000  from 
the  best  data  then  attainable. 

Niles's  Register  of  date  of  September  29,  1829,  contains  an  extract  from  the  private  jour 
nal  of  a  gentleman  who  resided  three  years  on  the  St.  Peter's  River,  who  fixes  the  total  num 
ber  of  Sioux,  including  the  Sissetons  and  Tetons,  at  40,000  ;  21,000  of  these  are  Tetons, 
and  are  not  included  in  the  present  estimates  of  the  Sioux  nor  in  the  report  of  Secretary 
Porter.  In  1836  the  Sioux  were  estimated  in  the  report  of  Secretary  of  War  at  23,9J1  ;  and 
in  1850  at  26,000,  including  all  Sioux  in  Dakota  and  Minnesota.  In  1862  the  Commis 
sioner  of  Indian  Affairs  estimated  the  Sioux  of  Dakota  at  13,000.  The  present  estimate  of 
the  Commissioner  of  Indian  Affairs,  report  of  1874,  fixes  the  number  of  the  various  tribes 
of  the  Sioux  at  41,704,  of  which  35,143  are  in  Dakota,  and  35,455  are  entitled  to  the  benefits 
of  the  treaty  of  1868,  which  shows  a  large  increase  over  the  number  reported. in  1829  and 
1862.  The  later  reports  of  the  Indian  Office  greatly  vary  in  their  estimates  of  the  actual 
number.  It  is  probable  that  the  data  from  all  these  sources  are  inaccurate,  but  enough  is 
seen  to  show  that  the  Sioux  tribes  are  increasing  in  numbers.  A  provision  should  be  made 
and  enforced  for  a  complete  and  accurate  census.  The  national  census  of  1870  was  taken 
under  the  law  of  1850,  which  makes  no  provision  for  the  enumeration  of  Indians  not  taxed, 
so  that  the  estimates  then  made  are  derived  from  the  Indian  Office,  which  fixed  the  total  num 
ber  of  Indians  in  Dakota  at  27,520.  Enough,  however,  is  ascertained  from  these  sources  to 
justify  us  in  maintaining  that  the  Sioux  tribes  are  increasing  in  numbers.  In  continuation 
of  this  view  we  call  attention  to  the  statistics  and  views  carefully  prepared  by  General  A. 
G.  Lawrence,  of  the  commission,  arid  appended  hereto,  and  marked  A.  These  considera 
tions  led  the  commission  to  agree  to  a  much  larger  sum  than  they  believed  the  hills  to  be 
worth.  This  offer,  regarded  by  the  commission  as  ample  and  liberal,  nut  with  derisive 
laughter  from  the  Indians  assembled,  as  being  inadequate. 


13 

THE  CONFERENCE  ENDED. 

The  conference  ended  on  the  29th  September  without  any  result  being  reached.  On 
the  evening  of  that  day  the  commission  was  waited  upon  by  Spotted  Tail  and  other  lead 
ing-  chiefs,  who  requested  that  the  President  should  call  to  Washington  two  or  three  prom 
inent  chiefs  from  each  band  for  purposes  of  further  negotiation,  and  the  commission  assured 
them  that  they  would  make  known  their  wish  to  the  President  by  calling  attention  to  the 
fact  in  any  report  they  would  make.  The  commission,  however,  desires  to  state  that,  in 
its  judgment,  no  good  would  result  from  such  a  conference.  The  Indians,  in  their  present 
temper,  would  not  agree  to  any  terms  that  ought  to  be  proposed  by  the  Government,  and  if 
they  did,  any  such  agreement  would  not  receive  the  sanction  of  three-fourths  of  the  tribe. 
Either  the  treaty  of  1868  must  be  disregarded,  or  any  agreement  looking  to  the  purchase  of 
the  Hills  must  receive  the  assent  of  three-fourths  of  all  the  male  members  of  the  Sioux  Na 
tion,  under  the  twelfth  section  of  the  treaty,  which  is  as  follows  : 

"No  treaty  for  the  cession  of  any  portion  or  part  of  the  reservation  herein  described,  which 
may  be  held  in  common,  shall  be  of  any  validity  or  force  as  against  the  said  Indians,  un 
less  executed  and  signed  by  at  least  three-fourths  of  all  the  adult  male  Indians  occupying 
and  interested  in  the  same.  And  no  cessixm  of  the  tribe  shall  be  understood  or  construed 
in  such  manner  as  to  deprive,  without  his  consent,  any  individual  member  of  any  tribe  of 
his  rights  to  any  tract  of  land  selected  by  him,  as  provided  in  article  six  of  this  treaty." 

THE   PROBLEM   CONSIDERED. 

We  do  not  believe  their  temper  or  spirit  can  or  will  be  changed  until  they  are  made  to 
feel  the  power  as  well  as  the  magnanimity  of  the  Government ;  and  inasmuch  as  Congress 
is  required  by  existing  law  to  approve  of  any  agreement  made  before  it  is  binding  on  either 
party,  the  commission  are  unanimously  of  the  opinion  that  Congress  should  take  the  initia 
tive  and  by  law  settle  for  itself  what  shall  be  done  upon  the  whole  subject,  and  then  notify  the 
Sioux  Nation  of  its  conclusion.  If  they  assent  to  the  terms  proposed,  let  them  be  carried 
out  by  the  Government ;  if  they  do  not  consent,  the  Government  should  withhold  all  sup 
plies  not  required  by  the  treaty  of  1868.  It  the  Government  will  interpose  its  power  and 
authority,  they  are  not  in  condition  to  resist.  This  authority  should  be  exercised  mildly  but 
firmly,  and  should  be  directed  mainly  to  provisions  looking  to  the  ultimate  civilization  of 
the  Indians.  They  never  can  be  civilized  except  by  the  mild  exercise,  at  least,  of  force  in 
the  beginning.  This  generation  of  them  will  not  voluntarily  sustain  themselves,  and  the 
Government  has  only  before  it  the  alternative  of  perpetually  supporting  them  as  idlers  and 
vagabonds,  or  using  such  power  as  may  be  necessary  to  enforce  education  in  English,  in 
manual  labor,  and  other  industrial  pursuits  upon  the  youths  of  the  tribes,  male  and  female, 
thus  preparing  the  coming  generation  to  support  itself  and  finally  to  become  citizens  of  the 
United  States.  Also,  such  power  and  authority  as  will  compel  the  existing  generation  to 
make  an  effort  to  become  self-supporting  by  agricultural  or  other  labor. 

THE   PROVISIONS   OF   THE   TREATY   OF    1868. 

The  treaty  of  1868  contemplated  these  results  within  a  brief  time,  and  provided,  as  was 
then  supposed,  ample  means  to  accomplish  them. 

Article  7  provides  for  the  education  of  all  children  between  the  age  of  six  and  siKteen 
years.  This  article  has  not  been  enforced  either  at  Spotted  Tail  or  Red  Cloud,  in  any  sense, 
and  scarcely  noticed  at  any  of  the  remaining  agencies. 

The  ninth  article  provides  for  the  delivery  to  each  person  who  shall  begin  farming  one 
good  American  cow  and  one  good,  well-broken  pair  of  American  oxen,  and  in  addition,  for 
a  period  of  thirty  years,  twenty  dollars  annually. 

The  sixth  article  provides  that  any  head  of  a  family  may  hold  in  severalty  320  acres  of 
land,  and  any  person  over  eighteen  years  of  age,  not  the  head  of  a  family,  80  acres. 

The  eighth  article  provides  for  $100  in  value  of  seeds  and  farm-implements  for  the  first 
year,  and  $25  annually  for  the  same  purpose  for  three  years  more. 

The  tenth  article  provides  for  one  good  substantial  suit  of  woolen  clothing  for  each  male 
over  fourteen  years  each  year  for  thirty  years,  and  for  each  female  over  twelve  one  suit  an 
nually  for  thirty  years,  and  material  for  one  suit  each  year  for  all  under  these  ages  for  a 
period  of  thirty  years.  Assuming  the  average  annual  cost  for  clothing  to  be  $10,  and  the 
number  thirty  thousand,  this  item  alone  will  cost  $300,000  per  annum  for  thirty  years  from 
the  date  of  the  treaty.  This  article  further  provides  food  fora  period  of  four  years,  provided 
the  Indians  could  not  furnish  their  own  subsistence  at  an  earlier  date. 

This  important  treaty  of  1868  contemplated,  among  other  things,  that  the  Sioux  Nation 
should  establish  itself  on  a  permanent  reservation  ;  that  it  would  be  required  by  labor  to  sup 
port  its  own  members  after  a  period  of  four  years,  except  that  clothing  was  provided  for 
thirty  years  ;  and  to  induce  the  Indians  to  become  self-supporting,  the  Government  agreed : 

First.  To  set  apart  for  each  head  of  a  family  in  severalty  320  acres  of  land,  and  each  per 
son  not  the  head  of  a  family  80  acres. 

Second.  For  the  first  year  seeds  and  farm  implements  to  the  value  of  $100,  and  $25  for 
three  years  more. 


14 

Third.  One  good  American  cow,  arid  one  pair  of  well-broken  American  oxen. 

Fourth.   Twenty  dollars  annually  lor  thirty  years  fur  e;:c'i  person  engaged  in  firming. 

Fifth.  One  substantial  suit  of  clothes  for  each  member  of  every  family' for  thirty  years. 

Sixth.   Schools,  teachers,  physicians,  blacksmiths,  fanners,  A.  ;. 

These  are  the  bounteous  provisions  of  the  treaty  of  MH,  applied  to  every  family  of  every 
tribe  in  the  Sioux  Nation,  and  which  contemplated  that  at  the  end  of  four  years,  if  not  ear 
lier,  the  natioo  would  be  able  to  provide  its  own  subsistence. 

Nearly  seven  years  have  passed  away  and  these,  Indians  are  nit  nearer  a  condition  of  self- 
support  than  they  were  \\hen  the  treaty  was  signed;  and  in  the  mean  rime  tin-  (ioveriinient 
has  expended  nearly  $13, 000, 000 for  their  support.  So  that  the  future  treatment  of  the  Sioux 
becomes  a  matter  of  serious  moment,  if  viewed  from  no  higher  stand-point  than  that  of  an 
economic  question. 

WHAT   SHALL    BE    DOM.  ? 

The  purchase,  lease,  or  occupation  of  the  Black  Hills  by  the  whites  is  a  mere  incident  to 
the  great  question,  what  shall  be  done  with  the  Sioux  people  ?  It  is  said,  "As  long  as  we  feed 
them  we  will  not  be  required  to  fight  them.  "  .If  this  alternative  is  presented  now,  it  will 
be  fifty  years  hence  if  \ve  continue  to  furnish  them  subsistence  and  take  no  steps  to  improve 
their  condition,  as  we  surely  have  not  in  the  last  six  years.  And  if  their  numbers  are  in 
creasing,  as  we  believe,  the  amount  to  be  annually  expended  will  increase  in  like  ratio.  The 
commission  is  therefore  of  the  opinion  that  Congress  should  act  upon  the  whole  question, 
and  devise  a  policy  especially  applicable  to  the  Sioux  Nation,  within  the  spirit  and  letter  of 
the  treaty  of  1868.  This  treaty  contains  two  leading  ideas,  and  was  intended  to  secure  two 
purposes,  namely,  the  education  of  the  rising  generation,  and  the  self-support  of  all  the 
tribes.  The  former  was  made  compulsory  by  the  seventh  article  of  the  treaty,  and  nearly 
all  of  the  remaining  provisions,  so  far  as  the  Indian  is  concerned,  were  intended  to  accom 
plish  the  latter  by  holding  out  to  him  inducements  supposed  to  be  ample  to  secure  easy 
and  rapid  compliance.  That  this  was  intended  and  expected,  is  clear  from  the  fact  that  the 
treaty  only  provided  subsistence  for  four  years  at  most.  Congress  can,  under  the  letter  of 
the  treaty,  provide  most  stringent  laws  for  the  education  of  those  between  6  and  16. 

The  Government  is  pledged  by  the  treaty  to  provide  schools  and  teachers,  and  the  Indians 
agrees  and  "pledge  themselves  to  compel  their  children,  male  and  female,  between  the  ages  of 
six  and  sixteen  years  to  attend  school."  The  obligation  is  mutual  and  the  power  ample. 
Surely,  if  England  and  the  German  states,  Hungary  and  Denmark,  and  the  most  enlight 
ened  of  American  States,  think  it  worth  while  to  enact  stringent  laws  to  enforce  the  attend 
ance  of  the  youths  at  the  common  schools,  our  Government,  when  it  has  the  power,  should, 
by  stringent  laws  faithfully  enforced,  make  the  experiment  which  it  is  pledged  to  make  by 
the  treaty  of  1868.  The  common  school,  in  the  several  States  of  the  Union,  is  supported  by 
taxation  of  property.  Iowa  taxes  her  people  $4,000,000  annually,  and  Massachusetts,  with 
about  the  same  population,  $0,000,000  annually,  to  support  free  schools.  The  State  of  New 
York  has  expended  in  the  last  twelve  years  for  public-school  purposss  $1 16,000,000  raised 
by  taxation. 

EDUCATION   AND   LABOR. 

These  enormous  sums  are  levied  upon  the  property  of  the  people,  on  the  theory  that  uni 
versal  education  is  essential  to  the  welfare  of  the  State.  These  Indians  are  within  the  ter 
ritorial  limits  of  the  United  States,  and  subject  to  their  authority,  and  cannot  be  removed 
out  of  that  jurisdiction.  Education  to  them  is  essential  if  they  are  to  be  reclaimed  from 
semi-barbarism,  and  it  concerns  the  whole  people  of  the  United  States.  We  now  supply  ali 
the  children  of  the  Sioux  Nation,  between  the  ages  of  six  and  sixteen  years,  with  food  and 
clothing,  and  with  better  food  than  is  enjoyed  by  a  very  large  portion  of  the  laborers  of  the 
country,  and  expend  as  much,  per  capita,  for  clothing,  as  is  expended  by  many  of  our  labor 
ers,  so  that  the  only  additional  expense  in  educating  them  would  be  the  employment  of  com 
petent  teachers,  and  the  necessary  expense  of  buildings  for  school  purposes.  These  schools 
ought  to  be  established  at  points  not  accessible  to  the  adult  Indians,  for  instruction  in  the 
elementary  branches  of  English  as  usually  taught  in  our  primary  schools,  and  should  also 
embrace  instruction  in  the  ruder  employments,  such  as  are  taught  in  manual-labor  schools 
for  boys  and  industrial  schools  for  girls.  It  might  be  difficult  to  separate  the  younger  chil 
dren  from  their  parents,  and  an  attempt  so  to  do  might  meet  with  serious  opposition,  so  that 
at  first  those  in  charge  should  select,  with  the  consent  of  parents,  the  brightest  and  most 
promising  youths  for  such  schools,  and  in  the  mean  time  other,  schools  of  like  character,  with 
stringent  rules  for  their  government,  should  be  established  in  the  neighborhood  of  the  agen- 
•cies,  but  wholly  separated  from  them.  In  this  way  the  Indians  would  very  soon  realize 
the  benefits  to  be  derived,  and  further  separation  would  be  less  difficult. 

This  experiment  of  separation  was  successfully  tried  by  the  Choctaw  Nation  in  1S-J5,  and 
subsequent  years.  A  school  was  established  in  Kentucky,  known  as  the  Choctaw  Academy. 
and  was  under  the  direction  of  Col.  Kichard  M.  Johnson,  located  at  Blue  Springs  P.  P. 
Pitchlyn,  a  well-educated  Choctaw,  says,  in  a  letter  to  the  Hon.  James  Barbour,  Secretary 
of  War : 


15 

"  I  approve  of  the  nuamre  because  I  was  educated  in  the  bosom  of  our  white  brethren 
in  Tennessee,  and  I  know  how  to  appreciate  its  inestimable  blessings  arising  from  an  educa 
tion  among  them.  It  is  my  decided  opinion  that  promising  youths  of  our  nation  should  be 
educated  in  this  method,  leaving  the  mass  of  our  population  to  the  honorable  and  benevo 
lent  exertions:  of  the  missionaries  who  are  settled  among  us  ;  for  we  acknowledge  with 
gratitude  their  pious  and  benevolent  labors,  and  nothing  is  intended  to  depreciate  their 
merits." 

Niles'.s  Register  of  November  4,  1826,  noting  the  progress  of  this  school,  says  : 

"  The  Choctaw  Academy  of  Kentucky  is  in  a  flourishing  state.  The  second  examination 
of  the  pupils  lately  took  place  in  the  presence  of  500  people,  and  the  boys  acquitted  them 
selves  much  to  the  satisfaction  of  all  present." 

Again,  in  July.  1827,  it  says  : 

"  There  are  at  date  at,  this  establishment  about  100  boys  from  the  tribes  of  the  Choctaws, 
Creeks.  &c.,  apart  of  whom  have  attended  more  than  twelve  months,  and  have  made  very 
considerable  progress." 

The  present  advanced  state  of  civilization  among  the  Choctaws  and  Creeks  may  be  traced 
to  efforts  like  those  pursued  a  half  century  ago.  It  is  vain  to  expect  that  such  schools  will 
be  attended  unless  attendance  is  made  compulsory  by  law,  and  enforced  rigorously.  If 
the  Government  will  earnestly  enter  upon  an  experiment  of  this  character,  making  the  nec 
essary  additional  appropriations  therefor,  philanthropic  people  will  be  ready  to  second  the 
work,  either  with  money  or  effort,  or  both.  Even  now  considerable  sums  are  expended  by 
the  various  missionary  societies  for  schools,  doing  good  here  and  there,  but  of  little  service 
in  civilizing  a  whole  tribe  or  nation.  It  may  be  said  if  this  policy  shall  be  adopted  for  the 
Sioux  it  should  be  for  all  other  tribes  as  well.  The  answer  is  that  the  burden  is  enforced 
upon  us  by  the  treaty  of  1«68,  so  far  as  the  Sioux  are  concerned,  and  no  other  treaty  im 
poses  a  like  burden.  There  are  from  2,000  to  2,51'0  children  about  the  Red  Cloud  agency, 
and  no  school  has  been  established  there,  or  any  attempt  made  to  have  one.  There  are 
2,000  in  the  neighborhood  of  Spotted  Tail  agency,  and  no  effort  worthy  of  that  name  has 
been  made  at  this  agency  to  establish  a  school.  At  the  Cheyenne  River  agency  there  are 
probably  from  1,000  to  J,500  children,  and  a  missionary  school,  with  an  average  attendance 
of  20. 

The  Commissioner  of  Education  estimates  that  there  are  10,217,825  children  in  the  United 
States  between  the  ages  of  six  and  sixteen  years,  or  about  one-fourth  of  the  whole  population. 
Assuming  that  about  the  same  ratio  prevails  in  the  Sioux  tribes,  there  are  now  on  the  Sioux 
reservation  8.000  children  who  are  growing  up  in  barbarism,  not  200  of  whom  have  ever  re 
ceived  any  instruction  whatever ;  and  these  children  are  not  decreasing  in  numbers.  An 
actual  count  of  the  Indians  at  Yaukton  agency  was  made  in  1859,  report  of  which  is  found 
in  Indian  Report  of  that  year.  This  count  shows,  men,  440  ;  women,  632  ;  boys,  473 ;  girls, 
427,  and  about  150  absent ;  which  shows  the  ratio  of  children  to  be  not  less  than  above 
estimated.  If  this  condition  is  to  continue,  how  long  will  the  people  of  the  United  States  be 
taxed  to  support  the  Sioux  Nation  ?  If  the  Government  shall  enter  upon  the  work  in  ear 
nest,  these  labor-schools  could  be  established  in  a  mild  climate  and  productive  country,  and 
could  soon  be  made  self-sustaining;  but  the  power  of  force,  mildly  exercised,  must  be  invoked 
in  the  beginning.  To  rely  upon  voluntary  attendance  is  futile.  This  has  been  tried  for  two 
hundred  years,  and  has  rarely  been  a  success  among  the  wilder  tribes  of  Indians.  This  ex 
periment  may  not  be;  but  should  be  attempted  gradually,  and  upon  a  well-matured  plan, 
prepared  by  eminent  teachers.  It  may  be  said  that  this  experiment  will  make  large  drafts  upon 
the  Treasury.  This  need  not  be  so.  As  stated  before,  these  children  are  now  clothed  and 
subsisted  ;  or,  rather,  money  is  expended  to  clothe  and  subsist  them.  All  above 'twelve  years 
of  age  could,  if  well  directed,  very  soon  be  made  to  earn  their  own  subsistence  and  enough 
to  supply  food  to  all  attending  school,  and  in  time  do  very  much  toward  providing  their  own 
clothing.  The  latter,  if  successful,  would  relieve  the  Government  from  clothing  them  for 
thirty  years,  as  required  by  the  treaty.  Besides,  the  experiment  could  be  tried  in  such  a 
gradual  way  as  that,  if  failue  should  follow,  it  need  not  be  pursued.  Or,  if  it  shall  prove 
too  expensive,  it  could  at  any  time  be  abandoned  by  Congress.  This  method  is  suggested 
for  consideration.  If  a  better  can  be  found,  it  should  be  adopted.  It  seems  to  the  commis 
sion  that  education,  as  here  suggested,  or  by  some  effectual  method,  is  the  first  step  toward 
the  civilization  of  these  tribes.  Religious  missionaries  or  sectarian  schools  are  useful  as  ad 
juncts,  or  may  follow ;  but  a  complete  system  of  education,  embracing  all  the  children,  is  the 
first  requisite.  Some  comprehensive  system  of  education  for  the  Sioux  Natioa  should  be 
established,  or  all  attempts  to  educate  and  civilize  them  might  as  well  be  abandond. 

The  remaining  element  in  the  treaty,  as  already  stated,  contemplated  that  these  tribes 
should  become  self-supporting  at  the  end  of  four  years.  Seven  years  have  elapsed,  and  they 
are  no  nearer  self-support  now  than  then.  How  can  they  support  themselves?  Froude 
says  :  "  I  know  but  three  ways  of  living — by  working,  by  begging,  and  by  stealing."  The 
two  last  cannot  apply  to  a  whole  tribe  or  nation  ;  therefore,  for  them  there  is  but  one  way, 
namely,  by  working.  They  comprehend  fully  that  they  can  no  longer  live  by  hunting  ;  the 
game  and  the  buffalo  are  rapidly  disappearing'  from  their  reservation,  so  that  they  cannot  now 
subsist  by  the  chase.  To  avoid  self-support,  they  ask  the  Government,  as  a  consideration  for 


16 

tin1  Hills,  that  they  sliull  he  subsisted  ami  clothed  lor  seven  generations,  and  s.nne  of  them 
insist  that  this  should  continue  as  lon<r  as  any  of  the  tribe  remains.  They  are  averse  to 
labor,  and  will  not  work  voluntarily.  Shall  we  require  them  to  lahor,  and  enforce  the  require 
ment  .'  Thi'  Aineriean  idea  is  that  ''  to  force  a  man  to  laboi  against  his  will  is  to  make  him 
a  slave."  An  attempt  in  this  direction  can  he  justified  only  on  that  which  has  been  called 
the  tyrant's  plea — necessity.  Does  this  necessity  exist,  or  does  the  public  good  require  it  ? 
Our  Government  does  not  hesitate  when  the  public  safety,  or,  in  other  words,  the  general 
good  requires,  to  compel  citi/.ons  to  serve  in  the  Army.  During  our  recent  conflict,  a  most 
stringent  conscription  law  was  enacted  and  enforced,  because  the  Government  needed  soldiers. 
Vagrant  laws  are  enforced  in  most  of  the  States  as  necessary  for  the  good  of  the  State. 

Francis  A.  Walker,  late  Commissioner  of  Indian  Affairs,  who  lias  studied  the  Indian 
question  with  great  care,  clearly  expresses  the  necessity  of  exerci.-ing  governmental  control 
in.  the  following  paragraph,  which  we  quote  and  approve.  He  says  : 

"A  rigid  reformatory  control  should  be  exercised  by  the  Government  over  the  live-;  and 
manners  of  the  Indians  of  the  several  tribes,  particularly  in  the  direction  of  requiring  them 
to  learn  and  practice  the  arts  of  industry,  at  least  until  one  generation  shall  have  been  fairly 
started  on  a  course  of  self-improvement.  Merely  to  disarm  the  savages  and  to  surround  them 
by  forces  which  it  is  impossible  for  them  to  resist,  leaving  it  to  their  own  choice  how  miser 
ably  they  will  live,  or  how  much  they  shall  be  allowed  to  escape  work,  is  to  render  it  highly 
probable  that  the  great  majority  of  the  flow  roving  Indians  will  fall  hopelessly  into  a  condi 
tion  of  pauperism  and  petty  crime  The  right  of  the  Government  to  exact  in  this  particular 
all  that  the  good  of  the  Indian  and  the  good  of  the  general  community  may  require  is  not  to 
be  questioned.  The  same  supreme  law  of  the  public  safety  which  to-day  governs  the  con 
dition  of  80,000  paupers  and  40,UUO  criminals  within  the  States  of  the 'Union  affords  am 
ple  authority  and  justification  for  the  most  extreme  and  decided  measures  which  maybe 
adjudged  necessary  to  save  this  race  from  itself,  and  the  country  from  the  intolerable  burden 
of  pauperism  and  crime  which  the  race,  if  left  to  itself,  will  certainly  inflict  upon  a  score  of 
future  States." 

The  United  States  may,  within  the  treaty  of  18oS,  refuse  to  issue  subsistence  to  any  or 
all  of  the  tribes  of  the  Sioux  ;  and,  therefore,  if  supplies  are  issued,  the  Government  can  affix 
conditions,  such  as  they  shall  be  issued  only  in  compensation  for  labor  performed  or  for  serv 
ices  rendered  ;  and,  in  the  judgment  of  the  commission,  after  the  expiration  of  the  present 
fiscal  year,  all  rations  should  be  issued  only  in  consideration  of  services  performed.  Con 
gress  should  enact  such  laws,  and  the  Interior  Department  should  establish  such  regulations, 
as  will  make  the  requirement  effective.  There  is  nothing  in  the  treaty  of  J8J8  inconsistent 
with  a  provision  for  such  laws  and  regulations,  and  the  spirit  of  the  treaty  and  the  necessi 
ties  of  the  case  require  it.  It  is  wrorse  than  folly  to  suppose  that  the  Indians  will  labor  un 
less  instigated  thereto  by  the  method  here  indicated,  and  it  cannot  be  expected  that  the  peo 
ple  of  the  United  States  will,  without  protest,  long  consent  to  be  taxed  to  support  the  whole 
Sioux  Nation  without  some  equivalent,  and  they  ought  not  to  be  required  so  to  do.  It  needs 
no  argument  to  show  that  the  condition  of  the  Indian  will  be  improved  by  exacting  from 
him  labor  in  return  for  charity,  if  he  is  able  to  render  it.  His  tribal  relation  does  not  ex 
empt  him  from  labor  if  the  public  necessity  and  his  own  support  require  it.  It  has  been 
maintained  that  all  obligations  of  the  Government  and  the  Indians  have  been  merged  into 
the  treaty  of  1868,  and  that  all  our  relations  to  each  other  are  fixed  by  that  treaty.  We  do 
not  so  regard  this  treaty. 

THE  WAY  CLEAR  FOR  ACTION. 

The  seventeenth  article  of  the  treaty  provides  that  this  treaty  shall  have  the  effect  and 
shall  be  construed  as  abrogating  and  annulling  all  treaties  and  agreements  heretofore  entered 
into  between  the  respective  parties  hereto,  so  far  as  such  treaties  and  agreements  •'  o'rfiyute 
the  United  Stales  to  furnish  and  provide  money,  clothing,  or  other  articles  oj  property  to  such 
Indians  and  bands  of  Indians,  as  become  parties  to  this  treaty,  but  no  further."  So  that  for 
all  other  purposes,  so  far  as  the  Indians  are  concerned,  prior  treaties  are  still  in  force. 

By  the  several  treaties  of  1866,  made  with  the  bands  of  the  Sioux,  (all  but  the  Braids,  of 
which  Spotted  Tail  is  the  chief,)  the  following  provision  is  assented  to  and  made  prominent, 
namely  :  "  Said  Indians  hereby  acknowledge  themselves  to  be  subject  to  the  exclusive  juris 
diction  and  authority  of  the  United  States  ;"  so  that  by  treaty  stipulation  the  Sioux  Nation, 
with  the  exception  of  a  single  tribe,  cannot  complain  of  such  laws  and  regulations  as  will 
make  them  self-supporting.  But  if  there  were  no  treaty-stipulations  as  quoted,  it  is  well 
settled  by  the  decision  of  the  Supreme  Court  of  the  United  States  that  the  Indian  tribes  resid 
ing1  within  the  territorial  limits  of  the  United  States  are  subject  to  their  authority,  and  that 
Congress  may  pass  laws  for  their  government,  and  this  may  be  done  in  all  cases  where  there 
are  no  treaty-stipulations  prohibiting  such  laws.  The  treaty  of  18(58  is  silent  on  this  sub 
ject,  and  therefore  whatever  laws  and  regulations  may  be  required  to  accomplish  the  purpose 
indicated  may  be  rightfully  provided  without  conflicting  with  existing  treaty-stipulations. 
Any  system  looking  to  the  civilization  of  these  tribes  on  their  present  reservation  will  be 
difficult,  because  of  the  small  amount  of  contiguous  arable  land.  Hence,  if  it  were  practicable, 
it  would  be  best  for  tt:e  Sioux  to  wholly  abandon  their  present  reservation,  and  go  to  the  Indian 


17 

Territory,  where  the  lands  are  more  productive  and  subsistence  cheaper,  and  where  they 
could  much  more  quickly  and  easily  become  self-supporting  by  agricultural  pursuits.  But 
they  look  upon  the  Indian  Territory  as  "  the  graveyard  of  their  race,"  and  could  not  at  present 
be  made  to  leave  their  present  reservation  without  the  use  of  military  force,  and  probably,  if 
at  any  time  this  should  become  practicable,  it  could  only  be  done  by  inducing  particular 
tribes — those  most  advanced — to  go  there,  and  in  course  of  time  the  whole  nation  might  be 
induced  to  follow.  We  have  until  recently  treated  the  Indian  tribes  as  domestic  inde 
pendent  nations,  with  whom  we  could  make  treaties.  The  commission  of  1868,  which  negoti 
ated  the  treaty  under  consideration,  strongly  urged  an  abandonment  of  this  policy,  and 
a  Congress,  3d  of  March,  187J,  did  abandon  it,  and  embarked  in  a  new  policy;  that  "no 
Indian  nation  or  tribe  within  the  territory  of  the  United  States  shall  be  acknowledged  or 
recognized  as  an  independent  nation,  tribe,  or  power,with  whom  the  United  States  may  con 
tract  by  treaty  ;  but  no  obligation  of  any  treaty  lawfully  made  and  ratified  with  any  such 
Indian  nation  or  tribe  prior  to  March  3,  1871,  shall  be  hereby  invalidated  or  impaired." 
(Revised  Statutes,  sec.  2079,  page  366.) 

OUR   OBLIGATIONS   TO   EXCLUDE   UNAUTHORIZED   PERSONS. 

Whatever  our  obligations  maybe  under  the  treaty  of  1868,  it  is  the  declared  policy  of 
Congress  that  they  shall  be  fulfilled,  and  the  faith  of  the  nation  is  pledged  to  their  fulfill 
ment.  The  second  article  of  the  treaty  provides  that  a  reservation  described  therein  ;'  shall 
be,  and  the  same  is,  set  apart  for  the  absolute  and  undisturbed  use  and  occupation  of  the 
Indian*  herein  named,  and  the  United  States  now  solemnly  agrees  that  no  person,  except 
those  herein  designated  and  authorized  so  to  do,  and  except  such  officers,  agents,  and  em 
ployes  of  the  Government  as  may  be  authorized  to  enter  upon  Indian  reservations  in  dis 
charge  of  duties  enjoined  by  law,  shall  ever  be  permitted  to  pass  ocer,  settle  upon,  or  reside  in 
the  territory  described  in  this  article.1"  So  that,  until  this  treaty  is  abrogated  by  the  authority 
of  the  United  States,  it  is  the  duty  of  the  Government  to  see  that  this  "  solemn  promise"  is  en 
forced.  When  we  remember  that  the  exterior  boundaries  of  the  reservation  cover  an  extent 
of  over  twelve  hundred  miles,  we  can  realize  the  magnitude  of  this  promise,  especially  when 
for  nearly  four  hundred  miles  the  eastern  boundary  is  the  Missouri  River,  and  the  south  and 
west  an  open  plain,  so  that  roads  are  not  necessary  to  enable  persons  to  enter  upon  the  reser 
vation.  The  Black  Hills  are  nearly  in  the  center  of  the  reservation  from  north  to  south,  and 
easily  accessible  from  all  sides,  except,  perhaps,  the  north.  The  measure  of  force  to  be  em 
ployed  by  the  United  States  in  enforcing  this  article  of  the  treaty  depends  upon  the  good 
faith  of  the  Sioux  Nation  with  reference  to  their  obligations.  The  obligations  of  the  treaty 
are  mutual  and  reciprocal.  The  Indians  at  the  post  have  not  so  acted  as  to  require  the 
utmost  vigilance  on  the  part  of  the  United  States.  They  promised  to  maintain  peace  and 
order  on  the  reservation.  A  failure  to  keep  this  promise  would  entail  a  heavy  expenditure 
on  the  part  of  the  Government,  yet  they  have  so  conducted  themselves,  while  receiving  the 
bounty  of  the  Government,  as  to  make  the  establishment  of  expensive  military  posts  neces 
sary  at  all  the  agencies.  At  Red  Cloud  there  are  four  companies  of  infantry  and  two  of 
cavalry  ;  at  Spotted  Tail,  three  of  infantry  and  one  of  cavalry  ;  a  post  at  Fort  Laramie,  con 
tiguous  to  the  reservation  ;  and  a  small  force  at  each  of  the  other  agencies  ;  all  made  neces 
sary  by  the  conduct  of  the  Indians,  and  all  requiring  great  expense  for  their  maintenance, 
except  those  on  the  Missouri  River,  on  account  of  the  distance  from  cheap  transportation. 
Now,  they  ask  that  the  Government  shall  use  this  military  force,  not  only  to  preserve  order 
and  protect  property  at  the  agencies,  but  also  that  it  shall  be  used  against  citizens  of  the 
United  States  who  choose  to  violate  law  and  treaty-obligations,  and  who,  in  addition,  take 
the  risks  of  conflict  with  the  Indians  for  the  shadowy  prospect  of  gold  in  the  Black  Hills  ! 

Although  the  treaty  requires  the  Indians  to  be  removed  to  a  place  designated  on  the  Mis 
souri  River,  or  a  place  contiguous  to  it,  a  large  portion  of  them  (the  larger  part)  have  re 
fused,  and  now  refuse,  to  make  their  permanent  home  in  the  reservation  set  apart  for  them, 
and  say  they  will  only  be  removed  by  military  force. 

Before  the  Sioux  Nation  is  in  position  to  exact  so  much  of  the  Government,  it  should 
relieve  the  Government  of  the  necessity  of  force  to  protect  its  own  agents  and  property,  pur 
chased  for  the  use  of  the  Indians  with  money  voluntarily  appropriated  from  the  public  Treas 
ury,  and  should  comply  with  the  provision  that  requires  them  to  move  to  a  designated  place 
upon  their  reservation.  They  insist  that  the  value  of  the  Hills  shall  be  estimated  at  many 
millions  because  of  the  gold  easily  acquired,  but  they  refuse  to  become  self-supporting  by 
making  effort  to  acquire  it.  Their  leading  chiefs  ask  $70,000,000  for  the  Hills  in  the  morning, 
and  in  the  evening  beg  a  shirt  or  a  blanket !  Such  a  mixture  of  assurance,  poverty,  and 
idleness  would  not  ordinarily  command  the  highest  sympathy,  or  seem  to  require  the  utmost 
vigilance,  on  the  part  of  the  Government  or  the  people  to  preserve  rights  under  a  treaty  which 
is  only  sacred  to  the  Indian  so  far  as  it  conforms  to  his  whims,  caprices,  or  interests. 

The  President  of  the  United  States  could  do  no  less  than  to  use  the  military  forces  of  the 
United  States  to  maintain  this  provision.  But,  in  view  of  all  the  circumstances  and  conduct 
of  the  Indians,  Congress  ought  to  consider  the  whole  question,  and  by  law  declare  the  policy 
that  should  be  pursued  in  the  future,  preserving  its  own  obligations,  and  insisting  that  the 
Indians  shall  reciprocally  observe  them.  When  a  firm  policy  is  established  by  law,  compre 
hending  our  whole  relations  to  the  Sioux  Nation,  it  will  not  be  difficult  to  make  a  just  agree 
ment  upon  the  subject  of  the  occupation  of  the  Hills.  The  Indians  are  now  treated  as 

2BH 


18 

wards  of  the  Government  in  every  other  respect  except  as  to  the  lauds.  The  treaty  of  1868 
contemplates  such  treatment.  The  Indians  are  now  subjects  of  our  bounty  and  charity, 
and  we  can  impose  upon  them  conditions  for  their  improvement  as  we  will.  They  are  sure 
to  be  resisted  at  first,  but  will  be  assented  to  gladly  in  time,  as  it  is  impossible  for  them  to 
resort  to  hunting  as  an  alternative,  so  that  dependence  upon  the  Government  or  self-support 
by  labor  or  starvation  are  the  alternatives. 

CAUSES  OF   FAILURE. 

The  commission,  in  closing,  state  that  a  failure  to  make  an  agreement  may  be  traced  to  the 
following  causes : 

t.  That  no  agreement  can  be  successfully  concluded  in  the  Indian  country  by  means  of  a 
grand  council  of  chiefs  in  the  presence  of  the  great  body  of  the  Indians. 

2.  No  agreement  can  be  made  unless  accompanied  with  presents,  as  presents  have  invari 
ably  been  distributed  heretofore  at  the  signing  of  treaties  or  agreements. 

3d.  The  Indians  place  upon  the  hills  a  value  far  bej'ond  any  sum  that  could  possibly  be 
considered  by  the  Government. 

4th.  The  Indians  are  hostile  to  the  presence  of  whites  on  the  reservation,  and  they  believe 
that  the  opening  of  the  hills  to  the  whites  would  result  in  the  opening  of  the  whole  reserva 
tion  and  their  final  expulsion,  which  belief  induces  a  strong  minority  at  least  to  oppose  any 
cession. 

5th.  The  determination  on  the  part  of  persons  not  Indians  but  having  great  influence  over 
them,  that  no  negotiation  shall  be  successful  that  does  not  involve  a  large  sum  annually  for 
many  years,  and  in  case  of  present  failure  another  commission  would  be  sent,  which  would 
deal  liberally  with  them. 

THE  SUMMING  UP. 

The  commission  recommend : 

1st.  That  Congress  shall  take  the  initiative  upon  th«  whole  subject  of  our  relations  with 
the  Sioux,  and  by  law  make  provision  for  a  thorough  system  of  education  for  all  between  the 
ages  of  six  and  sixteen  years  at  a  point  or  points  distant  from  contact  with  or  from  the  influ 
ence  of  adult  Indians,  which  system  shall  involve  manual-labor  and  industrial  schools,  and 
shall  be  compulsory  ;  also  provide  by  law  and  regulation  that  the  adult  Indians  shall  be  re 
quired  to  perform  labor  as  a  condition  for  their  subsistence,  and  that  after  a  time  in  the  future 
to  be  fixed  subsistence  shall  only  be  issued  to  such  as  do  labor,  and  to  the  aged,  infirm,  and 
those  who  are  unable  to  labor. 

2d.  Protect  by  law  every  Indian  in  the  acquisition  of  private  property,  and  secure  him  in 
the  possession  of  the  same. 

3d.  That  those  bands  which  now  occupy  the  northwestern  part  of  the  State  of  Nebraska  be 
removed  therefrom  to  some  point  or  points  within  the  permanent  reservation  established  by 
the  treaty  of  1868,  where  land  suitable  for  agriculture  can  be  found  and  where  necessary 
supplies  can  be  furnished  at  a  greatly  reduced  cost. 

4tb.  That  all  supplies  be  issued  under  the  direct  supervision  of  officers  of  the  Army,  and 
that  detailed  reports  of  quality  and  quantity  and  cost  be  published  annually. 

5th.  Abolish  all  the  present  agencies  and  re-organize  the  whole  system  of  officers  and 
agencies  for  the  Sioux  Nation,  and  provide  such  compensation  to  officers  and  agents  as  will 
command,  if  not  secure,  fidelity  and  competency. 

6th.  Make  known  to  the  Indians  that  a  sufficient  amount  of  force  will  be  used  to  secure 
compliance  with  these  salutary  provisions  made  for  their  benefit,  to  the  end  that  they  may 
become  civilized  and  self-supporting,  if  possible. 

7th.  Provide  for  payment  to  the  Indians  of  a  sum  which  Congress  shall  fix  as  a  fair  equiv 
alent  for  the  Hills,  taking  into  the  account  all  the  circumstances  surrounding  them,  and  the 
value  of  the  Hills  to  the  United  States;  which  sum,  so  offered  or  paid,  sh'all  become  a  part 
of  the  fund  required  for  the  purpose  hereinbefore  indicated. 

The  plan  here  suggested,  or  some  other  to  be  adopted  by  Congress,  should  be  presented 
to  the  Indians  as  a  finality,  and  with  it  they  should  be  told  that  its  rejection  will  have  the 
effect  to  arrest  all  appropriations  for  their  subsistence  in  the  future,  and  all  supplies  not  abso 
lutely  required  by  the  treaty  of  1868. 

The  commission  makes  these  suggestions  with  hesitation,  the  more  so  because  it  will 
require  patience  and  time  to  make  the  experiment  a  success,  if  it  become  so.  The  commis 
sion  has  felt  it  to  be  its  duty  to  state  the  facts  as  they  appear,  and  has  ventured  to  sug 
gest  remedies,  imperfect  though  they  may  prove  to  be,  in  order  that  those  more  familiar 
with  the  whole  subject  may  combat  them,  and  suggest  others  more  efficacious,  if  these  should 
not  stand  the  test  of  intelligent  and  impartial  criticism.  It  is  no  easy  task  to  satisfactorily 
solve  the  problems  forced  upon  the  Government  by  the  location,  necessities,  and  condition 
of  these  Sioux  tribes ;  but  they  have  claims  upon  us  that  cannot  be  overlooked.  They 
have  been  pushed  back  from  the  east  by  the  advancing  tide  of  civilization  until  it  meets 
them  again  from  the  west.  Their  reservation,  extending  over  an  area  as  large  as  New 
England,  is,  for  the  most  part,  uusuited  to  agriculture.  The  steady  extinction  of  game  is 
cutting  them  off  from  the  only  means  of  subsistence  of  which  they  have  any  knowledge. 
They  are  now  practically  helpless  without  the  fostering  care  of  the  Government.  New  and 
prosperous  States  have  been  added  to  the  nation  from  the  territory  which  was  once  their 


19 


homes,  and  but  for  our  people  the  region  thus  taken — no  matter  how — would  still  afford 
them  subsistence,  precarious  and  uncertain  it  may  be,  but  suited  to  their  wants  and  habits. 
This  sacrifice  has  brought  to  them  destitution  'and  beggary ;  to  our  nation  wealth  and 
power,  and  with  these  an  obligation  to  make  good  to  them,  in  some  way,  the  loss  by  which 
we  have  so  largely  gained.  We  have  faith  that  this  obligation  will  be  fairly  met  and  con 
scientiously  discharged  by  Congress,  and  we  believe  that  it  should  be  submitted  to  that 
body  for  immediate  consideration  and  action. 

W.  B.  ALLISON,  Chairman. 

ALFRED  H,  TERRY. 

A.  COMINGO. 

SAML.  D.  HINMAN. 

G.  P.  BEAUVAIS. 

A.  G.  LAWRENCE. 

WM.  H.  ASHBY. 
J.  S.  COLLINS,  Secretary. 

APPENDIX  A. 

Special  report  of  General  A.  G.  Lawrence,  of  the  commission,  on  the  probable  increase  of 
population  among  the  /Sioux  Indians. 

General  Lawrence  made  the  following  report,  which  was  adopted  as  Appendix  A,  as  fol 
lows: 

There  is  a  general  impression  that  the  Indians  are  diminishing  and  will  ultimately  disap 
pear.  This  is  not  the  case  with  the  Sioux  Nation.  No  conclusion  of  increase  of  population 
can  be  drawn  from  more  logical  premises  than  from  the  number  of  adults  and  infants  in  a 
community.  The  following  table  will,  therefore,  be  pertinent  to  the  inquiry. 

In  every  1,000  of  population  : 


Adults. 

Children 
under  18. 

Yearly 
increase. 

639 

361 

JUL 

Belgium.       ...             . 

587 

413 

"Aftr 

Holland  

574 

426 

38 

Great  Britain  ...... 

547 

453 

iS& 

Prussia                .         .......   . 

526 

474 

IT%T 

In  the  United  States,  the  natural  yearly  increase  is  less  than  that  of  Prussia,  although  the 

census  gives  2^,  the  difference  being  accounted  for  by  immigration.  Colored  population 
in  United  States,  £fr. 

Adults.  Children. 

Cheyenne  Indians,  now  part  of  Sioux  Nation 425  575 

Little-Wound  band 455  545 

Young-man-afraid-of-his-horses 462  538 

The  natural  increase  of  population,  when  unchecked  by  the  difficulty  of  procuring  means 
of  subsistence  and  other  peculiar  causes,  can  be  computed  by  doubling  its  numbers  every 
twenty  years. 

Mai  thus,  the  authority  on  population,  says  : 

"There  is  no  reason  whatever  to  suppose  that  anything  besides  the  difficulty  in  procuring 
in  adequate  plenty  the  necessaries  of  life  should  either  indispose  this  greater  number  of  per 
sons  to  marry  early  or  disable  them  from  rearing  in  health  the  largest  families.  But  this 
difficulty  would  of  necessity  occur,  and  its  effect  would  be  either  to  discourage  early  mar 
riages,  which  would  check  the  rate  of  increase  by  preventing  the  same  proportion  of  births  ; 
or  to  render  the  children  unhealthy  from  bad  and  insufficient  nourishment,  which  would 
check  the  rate  of  increase  by  occasioning  a  greater  proportion  of  deaths ;  or,  what  is  most 
likely  to  happen,  the  rate  of  increase  would  be  checked  partly  by  the  diminution  of  births  and 
partly  by  the  increase  of  mortality. 

"The  first  of  these  checks  may,  with  propriety,  be  called  the  preventive  check  to  popula 
tion  :  the  second,  the  positive  check ;  and  the  absolute  necessity  of  their  operation  in  the  case 
supposed  is  as  certain  and  obvious  as  that  man  cannot  live  without  food." 

During  the  last  seven  years  it  has  been  the  practice  to  issue  to  each  Indian  over  the  age  of 
four  years,  who  has  settled  permanently  upon  the  reservation  and  complied  with  the  stipulations 
of  the  treaty  of  1668,  one  pound  of  meat  and  one  pound  of  flour  per  day.  The  beef  is  issued  on 
the  hoof,  computing  three  pounds  gross  as  equal  to  one  pound  of  meat.  The  Indians  use  as  food 
the  whole  of  the  animal  except  the  horns,  hide,  and  hoofs,  thus  increasing  their  rations.  As 
long  as  this  allowance  is  issued,  there  is  no  preventive  check  to  population. 


20 

The  price  of  food  acts  as  a  positive  check  by  the  increase  ot  mortality.  The  following- 
returns,  given  in  seven  distinct  manufacturing  districts  in  England,  covering  a  term  of  ten 
years,  show  that  the  average  of  deaths  has  been  proportionate  to  the  dearness,  or,  in  other 
words,  the  scarcity  of  subsistence : 

Average  price  of  wheat 
per  quarter. 

s.        d.  Deaths. 

Firstyear 118    3  55.965 

Thirdyear 60     1  44.794 

Sixthyear 73    3  48.108 

Ninth  year 106    3  54.864 

Among  the  different  tribes  of  Sioux  Indians  the  prudential  restraint  which  in  most  coun 
tries  prevents  individuals  from  begetting  children  without  a  reasonable  expectation  of  being 
able  to  provide  for  their  support  is  reduced  to  a  minimum,  as  Article  X  provides,  in  addition 
to  the  rations,  for  the  delivery  of  clothing  for  a  term  of  thirty  years,  and  in  addition  thereto 
the  sum  of  $10  yearly  for  such  persons  as  roam  and  hunt,  and  $20  per  annum  for  such  as 
engage  in  farming.  This  money  is  expended  by  the  United  States  Government  in  the  pur 
chase  of  tea,  coffee,  sugar,  and  tobacco. 

The  climate  is  highly  favorable  to  health,  the  atmosphere  is  pure  and  dry,  and  there  is 
comparatively  little  rain.  Pulmonary  diseases  are  scarcely  known.  According  to  the  cen 
sus  of  1870,  there  were  7.8  deaths  from  all  causes  to  1  from  consumption,  and  12.4  from  all 
causes  to  1  from  pneumonia.  While  the  winters  of  the  north  are  severe,  the  climate  of 
the  south  is  mild.  Spring  opens  earlier  than  in  the  same  latitude  farther  east.  Observations 
made  at  Fort  Clark,  latitude  47°,  show  the  mean  temperature  for  the  six  months  beginning 
with  December  to  have  been  1°  lower  than  at  New  York  City  and  Pittsburgh.  With  the 
thermometer  at  80°,  meat  hung  in  the  open  air  cures  itself  without  the  use  of  salt.  The 
grass  never  rots,  but  dries  on  the  ground,  affording  good  hay  during  the  winter. 

General  G.  K.  Warren,  of  the  United  States  Engineers,  in  his  able  report  of  explorations  in 
Dakota  and  Northern  Nebraska  in  the  years  1855,  '56,  and  '57,  estimates  the  number  of  Sioux 
Indians  at  24,000.  Of  these,  3,680  were  Ogallallas,  (Red  Cloud)  and  3,040  Ernie's,  (Spotted 
Tail.)  These  Indians  have  increased  at  about  equal  rates.  The  recent  count,  as  made  by 
the  most  reliable  men  available,  shows  the  number  at  Red  Cloud  agency  (Ogallallas)  to 
be  9,339,  and  the  number  at  Spotted  Tail  agency  (Brutes)  to  be  about  8, 000. 

It  would  eeem  that  the  general  increase,  including  the  wild  tribes,  has  not  been  as  large. 
The  whole  population  of  the  different  tribes  composing  the  Sioux  Nation  is  estimated  at 
37,000,  7,000  of  whom  are  roaming,  and  30,000  agency  Indians,  besides  1,000  who  have 
removed  to  Canada  since  1867,  \\here  they  have  been  put  upon  a  reservation  of  their  own 
by  the  Dominion  government. 

The  appropriations  for  the  Sioux  Nation  have  been  as  follows  : 

1868 $142,490 

1869  485,784 

1870,  (Sioux  computed  at  11,400  roaming,  and  3,600  engaged  in  agriculture — 

total,  15,000) 1,608,600 

Deficiency  bill 120,000 

1871 2  024,900 

1872,  (computed  for  20,000  Indians) j  1)1 1 ,  800 

1873 j  911,000 

Deficiency  bill 350,000 

1874 1   324,759 

1875,  (computed  for  30,000  Indians) 1  752,600 

Deficiency  bill '    75*  (JQQ 

1875,  for  the  Niobrara  rights _ 05  (jyo 

\Vc  have  also  the  authority  of  Malthus  for  the  following  : 

"  According  to  all  past  experience  and  the  best  observations  which  can  be  made  on  the 
motives  which  operate  upon  the  human  mind,  there  can  be  no  well- founded  hope  of  obtain 
ing  a  large  produce  from  the  soil  but  under  a  system  of  private  property.  It  seems  per 
fectly  visionary  to  suppose  that  any  stimulus  short  of  that  which  is  excited  in  man  by  the 
desire  for  providing  for  himself  and  family,  and  of  bettering  his  condition  in  life,  should 
operate  on  the  mass  of  society  with  sufficient  force  and  constancy  to  overcome  the  natural 
indolence  of  mankind.  All  the  attempts  which  have  been  made  since  the  commencement  of 
authentic  history  to  proceed  upon  a  principle  of  common  property  have  either  been  so  in 
significant  that  no  inference  can  be  drawn  from  them,  or  have  been  marked  by  the  most  sig 
nal  failures ;  and  the  changes  which  have  been  effected  in  modern  times  by  education  do 
not  seem  to  advance  a  single  step  toward  making  such  a  state  of  things  more  probable  in 
future.  We  may  therefore  more  safely  conclude  that  while  man  retains  the  same  physical 
and  moral  constitution  which  he  i«  observed  to  possess  at  present,  no  other  than  a  system  ot 
private  property  stands  the  least  chance  of  providing  for  such  a  large  and  increasing  popu 
lation  as  that  which  is  to  be  found  in  many  countries  at  present." 

O 


